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HomeMy WebLinkAboutPaperless Packet for BPW 07.21.21Board of Public Works and Safety Meeting Agenda Wednesday, July 21, 2021 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the July 7, 2021, Regular Meeting 2. BID/QUOTE OPENINGS AND AWARDS a. Bid Award for 16-ENG-37 – Roundabout Improvements 116th Street and Range Line Road; Jeremy Kashman, City Engineer 3. CONTRACTS a. Request for Purchase of Goods and Services; DLZ Indiana, LLC; ($351,000.00); 20- ENG-02 – 106th St. & College Ave Roundabout Design; Jeremy Kashman, City Engineer b. Request for Purchase of Goods and Services; Hoyt-Wessel Photography, LLC (TapSnap Ventures, Inc); ($1,300.00); Employee Picnic Photos; Sue Finkam, Common Council President c. Resolution BPW 07-21-21-01; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Gordon Flesch Company, Inc; ($981.40 per month); Copier Lease and Monthly Maintenance Fee; Chief James Barlow, Carmel Police Department d. Request for a Reciprocal Contract of Sale; Everstream GLC Holding Company, LLC; Mutual Property Conveyance; Timothy Renick, Director of Information and Communication Systems e. Request for Purchase of Goods and Services; CSC ServiceWorks, Inc; ($27,426.36); Commercial Laundry Washer, Delivery and Installation; Chief David Haboush, Carmel Fire Department f. Request for Purchase of Goods and Services; West Publishing Corporation; ($523.00 per month for 36 months); West Proflex; Jon Oberlander, Interim Corporation Counsel g. Request for Purchase of Goods and Services; CrossRoad Engineers, PC.; ($175,000.00); 18-ENG-05 – 4th & Main Additional Work – Main St. Median & Main/Lexington RAB – Prelim Engr.; Additional Services Amendment #17; Jeremy Kashman, City Engineer h. Request for Purchase of Goods and Services; Calumet Civil Contractors, Inc.; ($5,439,000.00); Roundabout Improvements 116th Street and Range Line Road; Jeremy Kashman, City Engineer i. Request for Purchase of Goods and Services; Avolve Software Corporation; ($10,912.50); ProjectDox Software; Amendment to Software License & Support Agreement; Mike Hollibaugh, Director of the Department of Community Services j. Request for Purchase of Goods and Services; RTS Water Solutions, LLC; ($1,163,222.27); Water Meter Replacements; John Duffy, Director of the Department of Utilities k. Request for Purchase of Goods and Services; Nelson Alarm, LLC; ($19,613.00); Water Operations Alarm System; Additional Services Amendment #2; Timothy Renick, Director of Information and Communication Systems l. Request for Purchase of Goods and Services; Fredericks, Inc; ($29,145.00); Construct Gear/Laundry Room; Additional Services Amendment; Chief David Haboush, Carmel Fire Department m. Request for Purchase of Goods and Services; Cannon Solutions America, Inc; ($454.00 per month for 36 months); Printer Leases; Jon Oberlander, Interim Corporation Counsel 4. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Use Midtown Plaza; NBA Draft Viewing Party; July 29, 2021; 5:00 PM – 10:00 PM; Kelsey McCaw, Indiana Pacers b. Request to Use Carter Green; Dinner and Health Presentation to Health Professionals; August 13, 2021; 3:00 PM – 9:00 PM; Douglas Grant, Optimal Health Systems c. Request to Use Midtown Plaza; Pumpkin Giveaway; October 7, 2021; 1:00 PM – 8:00 PM; Kris Khan, Penwell Insurance, LLC d. Request to Use/Close City Streets; Late Night on Main/Carmel Porchfest; September 17, 2021; 3:00 PM – 1:00 AM; Sondra Schwieterman e. Request to Use Carter Green; Celebration for Equity in Education; July 31, 2021; 2:00 PM – 9:00 PM; Ashten Spilker, Communities Allied for Racial Equity f. Request to Use Civic Square Gazebo; Back To Rock Showcase Performance; September 19, 2021; 12:00 PM – 7:00 PM; Madison Wagner, Back To Rock g. Request to Use Civic Square Gazebo; Wedding; July 23, 2021; 2:00 PM – 4:00 PM; Timothy Hammond h. Request to Use/Close City Streets; Neighborhood Block Party; August 21, 2021; 3:00 PM – 10:00 PM; Julie Lach, Eden Glen Neighborhood i. Request to Use/Close City Streets; Late Night on Main; October 2, 2021; 3:00 PM – 1:00 AM; Sondra Schwieterman 5. OTHER a. Request for Consent to Encroach; 4919 Essex Drive; Bruce and Laura Arick, Property Owners b. Request for Termination of Consent to Encroach; 12828 West Road, Zionsville; David E. and Connie Jo Shaver, Property Owners c. Resolution BPW 07-21-21-02; A Resolution of the City of Carmel Board of Public Works and Safety Requesting the Financing, Construction, and Dedication of Certain Infrastructure or Other Impact Zone Improvements in Lieu of and as a Credit Against the Payment of Parks and Recreation Impact Fees (“PRIF”) and Approving a PRIF Credit Agreement; Henry Mestetsky, Director of the Carmel Redevelopment Commission d. Request for Lane & Path Restrictions; Various Locations; Verizon Wireless e. Request for Vacation of Existing Curb Cuts & New Curb Cuts; The Signature; Williams Butz, Kimley-Horn f. Request for Lane Restrictions/Path Closure/Open Pavement Cut; Main & Guilford; JDH, Inc. g. Request for Storm Water Technical Standards Waiver; 10585 Hussey Lane; Dave Hatcher, Homes by Design h. Request for Storm Water Technical Standards Waiver; Carmel Health and Wellness – 55 4th Ave SE; Nicholas Justice, CEC i. Request for Storm Water Technical Standards Waiver; The Signature; William Butz, Kimley Horn j. Request for Secondary Plat; Melange Subdivision; Jon Sheidler, Woolpert 6. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, July 7, 2021 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 6 MEETING CALLED TO ORDER 7 8 Mayor Brainard called the meeting to order at 10:07 AM 9 10 MEMBERS PRESENT 11 12 Mayor James Brainard, Board Members Mary Ann Burke and Lori Watson, and Deputy Clerk Jennifer Stites 13 were present. 14 15 MINUTES 16 17 Minutes from the June 16, 2021, Regular Meeting were approved 3-0. 18 Minutes from the June 22, 2021, Special Meeting were approved 3-0. 19 20 BID/QUOTE OPENINGS AND AWARDS 21 22 Bid Award for 2021 Paving; Terry Killen, Street Commissioner, recommended awarding the bid to Harding 23 Asphalt, LLC as they were the lowest and most responsive bidder. Board Member Burke moved to award the 24 bid to Harding Asphalt, LLC in the amount of $2,930,572.50. Board Member Watson seconded. Request 25 approved 3-0. 26 27 Bid Award for 17-ENG-01 Duke Energy Relocation Plans Phase 2 – North; Jeremy Kashman, City Engineer, 28 recommended awarding the bid to Beaty Construction, Inc. as they were the lowest and most responsive bidder. 29 Board Member Burke moved to award the bid to Beaty Construction, Inc. in the amount of $5,082,751.62. 30 Board Member Watson seconded. Request approved 3-0. 31 32 Bid Opening for 2021 Path Preservation; there were no bids submitted. 33 34 CONTRACTS 35 36 Request for Purchase of Goods and Services; Leach & Russell Mechanical Contractors, Inc.; ($21,437.00); 37 Install Water and Waste Line to New Gear Washers; Additional Services Agreement; Board Member Burke moved 38 to approve. Board Member Watson seconded. Request approved 3-0. 39 40 Request for Purchase of Goods and Services; Kelley Automotive Group, LLC; ($62,202.00); 2021 Police 41 Interceptor, 2022 F250 Crew Cab; Additional Services Agreement; Board Member Burke moved to approve. 42 Board Member Watson seconded. Request approved 3-0. 43 44 Request for Purchase of Goods and Services; American Structurepoint, Inc.; ($38,000.00); 16-ENG-70 – Range 45 Line Road Redesign; Additional Services Agreement; Board Member Burke moved to approve. Board Member 46 Watson seconded. Request approved 3-0. 47 48 Request for Purchase of Goods and Services; American Structurepoint, Inc.; ($35,000.00); Range Line Road and 49 116th Street RAB, Design; Additional Services Agreement; Board Member Burke moved to approve. Board 50 Member Watson seconded. Request approved 3-0. 51 52 Request for Purchase of Goods and Services; United Consulting Engineers, Inc.; ($32,900.00); Illinois Street 53 Extension Mitigation at Brookshire Golf Course; Additional Services Agreement; Board Member Burke moved 54 to approve. Board Member Watson seconded. Request approved 3-0. 55 56 Request for Purchase of Goods and Services; Beaty Construction Inc.; ($5,082,751.62); 17-ENG-01 Duke Energy 57 Relocation Plans Phase 2 North; Board Member Burke moved to approve. Board Member Watson seconded. 58 Request approved 3-0. 59 60 Request for Purchase of Goods and Services; Assignment Agreement, USA Staffing Services; ($31.05/HR); CSR 61 Position; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 62 63 Request for Purchase of Goods and Services; Harding Asphalt, LLC; ($2,930,572.55); 2021 Paving; Board 64 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 65 66 Request for Purchase of Goods and Services; Morphey Construction, Inc.; (-$17,513.40); 17-ENG-01 Duke 67 Energy Relocation Plans Phase 2 North; CO #1; Board Member Burke moved to approve. Board Member Watson 68 seconded. Request approved 3-0. 69 70 REQUEST TO USE CITY STREETS/PROPERTY 71 72 Request to Use Civic Square Gazebo; October 16th, 2021; 9:30 AM – 12:00 PM; Wedding Ceremony; Board 73 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 74 75 Request to Acknowledge Mayor’s Approval for Use of Monon Square Parking Lot; Actors Theatre of Indiana 76 Drive in Theatre; May 14th, 2021, June 20th, 2021 (Amended Date), July 16th, 2021; 7:00 AM – 10:00 PM; 77 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 78 79 Request to Acknowledge Mayor’s Approval for Use of Carter Green / Palladium East Patio; June 27th, 2021; 80 1:00 PM - 10:00 PM; Carmel Pride Event; Board Member Burke moved to approve. Board Member Watson 81 seconded. Request approved 3-0. 82 83 Request for Street Closure / Traffic Control / Barricades; September 24th, 2021; 12:30 PM – 2:00 PM; Carmel 84 High School Homecoming Parade; Board Member Burke moved to approve. Board Member Watson seconded. 85 Request approved 3-0. 86 87 Request to Use City Streets; September 25th, 2021; 7:00 AM – 11:00 AM; Creekside Middle School Run-Walk; 88 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 89 90 Request to Acknowledge Mayor’s Approval for Street Closure; June 17th, 2021 – June 18th, 2021; 8:00 AM – 91 6:00 PM; Edward Rose and Sons 100 Year Anniversary Celebration; Board Member Burke moved to approve. 92 Board Member Watson seconded. Request approved 3-0. 93 94 Request to Use Midtown Plaza; July 17th, 2021; 2:00 PM – 9:00 PM; International Movies at Midtown; Board 95 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 96 97 Request to Acknowledge Mayor’s Approval of Midtown Screen Announcement; June 22nd, 2021; 2:30 PM – 3:30 98 PM; Welcome JC Hart SmartStart; Board Member Burke moved to approve. Board Member Watson seconded. 99 Request approved 3-0. 100 101 Request to Use Anthony’s Plaza; July 10th, 2021; 4:00 PM – 9:00 PM; Mosaic Chip in On Anthony’s Plaza; 102 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 103 104 Request for Rolling Street Closure; October 9th, 2021; 5:00 AM – 1:00 PM; Trinity Free Clinic Run for Wellness; 105 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 106 107 Request to Use Japanese Garden; July 14th, 2021; 5:00 PM – 9:00 PM; Birthday Party; Board Member Burke 108 moved to approve. Board Member Watson seconded. Request approved 3-0. 109 110 Request to Use Civic Square Gazebo; July 10th, 2021; 10:00 AM – 1:00 PM; Bend and Brew – Yoga for a Cause; 111 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 112 113 Request to Use Civic Square Gazebo; July 30th, 2021; 12:00 PM – 5:30 PM; Zotec Partners Team Building 114 Picnic; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 115 116 OTHER 117 118 Request for Water Line Easement Agreement; 10906 Westfield Boulevard; Board Member Burke moved to 119 approve. Board Member Watson seconded. Request approved 3-0. 120 121 Request for Consent to Encroach; 14351 Quail Pointe Drive; Board Member Burke moved to approve. Board 122 Member Watson seconded. Request approved 3-0. 123 124 Request for Consent to Encroach; 1099 Saratoga Circle; Board Member Burke moved to approve. Board 125 Member Watson seconded. Request approved 3-0. 126 127 Request for Consent to Encroach; 528 Dylan Drive; Board Member Burke moved to approve. Board Member 128 Watson seconded. Request approved 3-0. 129 130 Request for Access to Property; 1 Civic Square; Comcast Cable Communications Management, LLC; Board 131 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 132 133 Request for Access to Property; 3450 W 131st Street; Comcast Cable Communications Management, LLC; 134 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 135 136 Request for Access to Property; 459 3rd Ave SW; Comcast Cable Communications Management, LLC; Board 137 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 138 139 Request for Extended Unpaid Time Off; Carmel Street Department; Board Member Burke moved to approve. 140 Board Member Watson seconded. Request approved 3-0. 141 142 Request for Waiver of BPW Resolution No. 04-28-17-01; Relocation of Two Duke Energy Poles; 4174 East 143 141st Street; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 144 145 Request for Waiver of BPW Resolution No. 04-28-17-01 / Lane restrictions / Path Restrictions; Pole 146 Replacement; 106th & Shelbourne; Board Member Burke moved to approve. Board Member Watson seconded. 147 Request approved 3-0. 148 149 Request for Path Closure / Open Pavement Cut; 2259 E. 116th Street; Board Member Burke moved to approve. 150 Board Member Watson seconded. Request approved 3-0. 151 152 Request for Curb Cut / Construction Entrance; Corner of 116th and Range Line Road; Board Member Burke 153 moved to approve. Board Member Watson seconded. Request approved 3-0. 154 155 Request for Lane Restrictions / Path Closure / Open Pavement Cut; Magnolia Condominiums; Board Member 156 Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 157 158 Request for Storm Water Technical Standards Waiver; 116th and Range Line; Board Member Burke moved to 159 approve. Board Member Watson seconded. Request approved 3-0. 160 161 Request for Storm Water Technical Standards Waiver; North End Phase 1, Building C; Board Member Burke 162 moved to approve. Board Member Watson seconded. Request approved 3-0. 163 164 Uniform Conflict of Interest Disclosure Statement; Board Member Burke moved to approve. Board Member 165 Watson seconded. Request approved 3-0. 166 167 Request for Replat; Phelps Addition; Board Member Burke moved to approve. Board Member Watson 168 seconded. Request approved 3-0. 169 170 Request for Replat; Reserve at Springmill – Section 2, Lot 69-70; Board Member Burke moved to approve. 171 Board Member Watson seconded. Request approved 3-0. 172 173 Request for Secondary Plat; Lincoln Highway Estates; Board Member Burke moved to approve. Board Member 174 Watson seconded. Request approved 3-0. 175 176 Request for Secondary Plat; Magnolia Condominiums, Lots 1-3, A Part of Lot 4 - Lots 64-66 in Newark and Lot 177 1 in Newark Village; Board Member Burke moved to approve. Board Member Watson seconded. Request 178 approved 3-0. 179 180 Request for Secondary Plat; Jackson’s Grant Section 7; Board Member Burke moved to approve. Board 181 Member Watson seconded. Request approved 3-0. 182 183 PUBLIC HEARING 184 185 Resolution BPW 07-07-21-01; Resolution of the City of Carmel Board of Public Works and Safety Recommending 186 Selection of and Authorizing Execution of an Agreement for Services With Selected Offeror; Envoy Construction 187 Services, LLC; Public Hearing Opened at 10:15:01. No one came forward to speak. Public Hearing Closed at 188 10:15:37. Board Member Burke moved to approve the Resolution. Board Member Watson seconded. Request 189 approved 3-0. 190 191 ADD-ONS 192 193 Request for Purchase of Goods and Services; JAF Property Services, Inc.; ($60,405.00); Networking and 194 Equipment; Board Member Burke moved to add the item on. Board Member Watson seconded. Add-on approved 3-195 0; Board Member Burke moved to approve request. Board Member Watson seconded. Request approved 3 -0. 196 197 Request for Purchase of Goods and Services; R A Johnston, LLC; ($5,625.00); Motorized Awning with Hood; 198 Board Member Burke moved to add the item on. Board Member Watson seconded. Add-on approved 3-0; Board 199 Member Burke moved to approve request. Board Member Watson seconded. Request approved 3 -0. 200 201 Resolution BPW 07-07-21-02 – A Resolution Requesting the Financing Construction and Dedication of Certain 202 Infrastructure or Other Impact Zone Improvements in Lieu of and as a Credit against the Payment of Parks and 203 Recreation Impact Fees and Approving a PRIF Credit Agreement; The Signature at Carmel; Board Member Burke 204 moved to add the item on. Board Member Watson seconded. Add-on approved 3-0; Board Member Burke moved to 205 approve request. Board Member Watson seconded. Request approved 3-0. 206 207 ADJOURNMENT 208 209 Mayor Brainard adjourned the meeting at 10:20 a.m. 210 211 APPROVED: ____________________________________ 212 Sue Wolfgang – City Clerk 213 214 _____________________________________ 215 Mayor James Brainard 216 ATTEST: 217 218 __________________________________ 219 Sue Wolfgang – City Clerk 220 CzKpoPcfsmboefsbu3;44qn-Kvm18-3132 Mbvsjf!E/!Kpiotpo-!QF Wjdf!Qsftjefou 42.2852824 80803132 Mbvsjf!E/!Kpiotpo EM\[!Joejbob-!MMD Wjdf!Qsftjefou 8ui 32Kvmz Mbvsjf!E/!Kpiotpo Mbvsjf!E/!Kpiotpo CzKpoPcfsmboefsbu2;28qn-Kvm12-3132 Hoyt-Wessel Photography, LLC Common Council - 2021 Appropriation # 1401 43-551.05; P.O. #105323 Contract Not To Exceed $1,300.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to 1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Council\\Hoyt-Wessel Photography, LLC Goods and Services.doc:6/30/2021 2:36 PM\] 2 Hoyt-Wessel Photography, LLC Common Council - 2021 Appropriation # 1401 43-551.05; P.O. #105323 Contract Not To Exceed $1,300.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E- Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement S:\\Contracts\\Prof.Svcs & Goods Svcs\\Council\\Hoyt-Wessel Photography, LLC Goods and Services.doc:6/30/2021 2:36 PM\] 3 Hoyt-Wessel Photography, LLC Common Council - 2021 Appropriation # 1401 43-551.05; P.O. #105323 Contract Not To Exceed $1,300.00 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Common Council Department of Law One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Hoyt-Wessel Photography, LLC 7684 Pacific Summit Noblesville, Indiana 46062 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Council\\Hoyt-Wessel Photography, LLC Goods and Services.doc:6/30/2021 2:36 PM\] 4 Hoyt-Wessel Photography, LLC Common Council - 2021 Appropriation # 1401 43-551.05; P.O. #105323 Contract Not To Exceed $1,300.00 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2021 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Council\\Hoyt-Wessel Photography, LLC Goods and Services.doc:6/30/2021 2:36 PM\] 5 Hoyt -Wessel Photography, LLC Common Council - 2021 Appropriation # 1401 43-551.05; P.O. #105323 Contract Not To Exceed $1,300.00 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 28. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 29. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: Hoyt -Wessel Photography, LLC By: AMO M4 Authorized Signature Anne Wessel Printed Name Owner/Operator Title FID(TIN: 47-5073995 Last Four of SSN if Sole Proprietor: n/a Date: 6/30/2021 S:,CoauctsW f,Svcs& Cmads SvoC0 ,1Woy.Wc dPhmog pky LLCG wE 4rvi dm: On0111:38 PMI Ipzu.Xfttfm!Qipuphsbqiz!MMD 702103132 Djuz!pg!Dbsnfm!Boovbm!Fnqmpzff!Qjdojd!d0p!Mjoeb!Usbwjtpo! Client: ClientAddress: ClientTelephone:428.682.35:1!!dfmm; musbwjtpoAdbsnfm/jo/hpw 4 3 5 Ljptl!xjui!hsffo!tdsffo!tfu!vq 5 Qipup!jqbe!tibsjoh!tubujpo 5!Csboefe!qipupt!xjui!zpvs!mphp)t*0ubhmjof Vomjnjufe!5y7!jotubou!qsjout-!ejhjubm!gjmf!pg!bmm!qipupt5 Qiztjdbm0ejhjubm!qspqt5 Npopo!Dfoufs!Xbufsqbsl!jo!Dbsnfm-!Joejbob Boof!Xfttfm!qmvt!pof tbnf!ebuf8qn21qnGsj/!Bvh/!38-!3132 FYIJCJU B)2pg4* 2-411/11 1 buujnfpgtfswjdf/ PaymentDetails: 2-411/11 o0b 4/6Gff!jg!qbzjoh!xjui!dsfeju!dbse 2-411/11 1 2-411/11 ps!bu!ujnf!pg!tfswjdf Difdl!qsfgfssfe!up!bwpje!4/6&!gff Ipzu.Xfttfm!Qipuphsbqiz!Nbjm!up;!7953!Dbsejobm!Es/-!NdDpsetwjmmf-!JO!!57166 pofipvs3ipvst FYIJCJU B)3pg4* EfejdbufenjgjqspwjefeczUbqTobqbuopdibshf/ Qmfbtfqspwjef; 2/Mphp)t*0ubhmjofupboofxAubqtobq/ofu 3/Qmfbtfqspwjefb7gu/ubcmfgpsqspqtboedpdlubjmubcmfgpshvftuesjolt/ QmfbtfmfbwfdpnnfoutifsfgpsUbqTobq QmfbtftjhoboefnbjmupboofxAubqtobq/ofu Boof!Xfttfm 702103132 d;!!428/552/3827 boofxAubqtobq/ofu Ipzu.Xfttfm!Qipuphsbqiz UbqTobq!2295 FYIJCJU B)4pg4* EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name 6/15/2021 TAPSNAP 1181 NOBLESVILLE, IN 46062 - 105323 7684 PACIFIC SUMMIT City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Common Council 1 Civic Square Carmel, IN 46032- 372699 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 57096 1401Department:101Fund:General Fund 43-551.05Account: EMPLOYEEPICNIC1 $1,300.00 $1,300.00Each 1,300.00SubTotal 1,300.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 105323 ORDERED BY TITLE CONTROLLER Common Council 1 Civic Square Carmel, IN 46032- DocuSign Envelope ID: 099C920D-C171-4F1F-8C4F-A84B7DC71A85 Sue Finkam Common Council President RESOLUTION NO. BPW 07-21-21-01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto as Exhibit A (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt ofthe Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2021. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2021\\Acknowledge Agreement GordonFlesch, Inc. .docx7/1/202111:38AM CzKpoPcfsmboefsbu23;25qn-Kvm23-3132 CSC ServiceWorks, Inc. Fire Department - 2021 Appropriation # 1120 102 44-670.99; P.O. #105367 Contract Not To Exceed $27,426.36 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to 1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Fire Dept\\2021\\CSC ServiceWorks, Inc. Goods and Services.doc:7/9/2021 10:33 AM\] 2 CSC ServiceWorks, Inc. Fire Department - 2021 Appropriation # 1120 102 44-670.99; P.O. #105367 Contract Not To Exceed $27,426.36 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E- Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement S:\\Contracts\\Prof.Svcs & Goods Svcs\\Fire Dept\\2021\\CSC ServiceWorks, Inc. Goods and Services.doc:7/9/2021 10:33 AM\] 3 CSC ServiceWorks, Inc. Fire Department - 2021 Appropriation # 1120 102 44-670.99; P.O. #105367 Contract Not To Exceed $27,426.36 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Fire Department Department of Law 10701 N College Ave, Suite A One Civic Square Carmel, Indiana 46280 Carmel, Indiana 46032 If to Vendor: CSC ServiceWorks, Inc. PO Box 76528 Baltimore, Maryland 21275 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Fire Dept\\2021\\CSC ServiceWorks, Inc. Goods and Services.doc:7/9/2021 10:33 AM\] 4 CSC ServiceWorks, Inc. Fire Department - 2021 Appropriation # 1120 102 44-670.99; P.O. #105367 Contract Not To Exceed $27,426.36 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2021 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Fire Dept\\2021\\CSC ServiceWorks, Inc. Goods and Services.doc:7/9/2021 10:33 AM\] 5 CSC* SERVICEWORKS Quote & Branch Info Quote Expiration 6/30/2021 Date Quote Number 00059361 Prepared By Bud Stinger Phone 317)945-4003 Sold To: Bill to Name CARMEL FIRE DEPT Bill To 2 CIVIC SQUARE CARMEL, IN 46032 SALES QUOTE Created Date 6/29/2021 Branch Super Laundry Indianapolis Remit To: CSC ServiceWorks P.O. Box 76528 Baltimore, MD 21275-6628 Ship To: Ship to Location CARMEL FIRE DEPT - LR Ship To City of Carmel Fire Department 4925 E. 106th Street Carmel, IN 46033 Term ID COD Contact Name Orbie Bowles Warranty Parts Manufacturer Warranty Only Phone (317) 571-2600 Email obowles@carmel.in.gov Quartity Equipment Product Description 2.00 UWT065D40LX050EA00 Unimac 65p washer UniLinc OptiSpray No Disp no heat/prep steam 100G200-240/6011-3 SS Ozone 1.00 TR100 12X18X4 HighMark ABS 12"x18"x4' drain trough w/ lint screen 2" outlet 4.00 UNSEAL 3 High Mark 3" fitting kit for washer hook up 1.00 FREIGHT FREIGHT - NONTAXABLE NONTAXABLE 1.00 NTLIV AND INSTALL DELIVERY AND INSTALL CHARGES NON TAXABLE Final Delivery / Set, level, and program in place. Bolt down Subtotal Install Note rigid -mount washers. Total Price Sales Tax Rate (%) Estimated Sales Tax Grand Total w/Sales Tax Deposit Balance: 12,308.18'$24.616.36 S720.00 $720.00 25.00 $100.00 S390.00 $390.00 1.600.00 S1,600.00 27,426.36 27,426.36 0.000% 0.00 27.426.36 0.00 Buyer understands that Seller will be incurring substantial cost and expense during the term of delivery & installation and requires payment to be made upon completion. In the event credit is requested, I authorize CSC ServiceWorks, Inc. to update credit and financial information concerning the applicant from any source. Signature of Purchaser Date: Sales Representative Date: Exhibit — ..— CSC SERVICEWORKS SALES QUOTE Terms & Conditions 1.Payment Terms. Buyer must pay net amount of invoice in full within thirty (30) days of date of invoice, unless Sales Order provides otherwise. If payments for prior purchases are overdue, Seller may require payment by COD, certified check, cashiers' check, or bank wire transfer as a condition to further shipments. Seller reserves the right to withhold future shipments if any payment is more than thirty (30) days past due. All payments shall be in United States Dollars. Buyer agrees to a returned check fee of $25.00. All payment disputes must be submitted in writing within thirty (30) days of Invoice. 2.Shipment. Unless otherwise noted in writing, all shipments are F.O.B. Shipping. Customer is responsible for shipping costs at all times, including warranty parts and returns. 3.Cancellatlon. An order once placed with and accepted by Seller can be cancelled only with Seller's consent and upon terms that will indemnify Seller against loss. 4.Return Policy. Products may be returned for up to thirty (30) days from purchase, except for discontinued items, gas/electrical parts and special orders, all of which are non -returnable. All returns are subject to a restocking fee of 15 % of original purchase price. 5.Taxes. The amount of the present or future sales, revenue, excise, or other taxes applicable to the products listed in invoice shall be added to the purchase price and shall be paid by the Buyer, or in lieu thereof, the Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities of any relevant jurisdiction. 6.1-lmitation of Liability. IN NO EVENT SHALL SELLER BE LIABLE FOR (A) ANY ACTS OR OMISSIONS OF BUYER OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, AND WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT TORT, STATUTE, OR ANY OTHER LEGAL THEORY, 70arrantles. Seller shall pass to Buyer any warranties made available by the applicable manufacturer or vendor to the full extent that Seller is authorized to pass those benefits to Buyer. In the event of any claims arising out of or related to any product sold. Buyer shall look solely to the manufacturer or vendor of such product for defense, indemnification, or other applicable relief. NO EXPRESS WARRANTIES AND NO IMPLIED WARRANTIES WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE, OR OTHERWISE (EXCEPT AS TO TITLE), OTHER THAN THOSE EXPRESSLY SET FORTH ABOVE WHICH ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, SHALL APPLY TO PRODUCTS SOLD, AND NO WAIVER, ALTERATION, OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AUTHORIZED SIGNATORIES OF BOTH PARTIES S.Seller's Right of Possession. Seller shall have the right, in addition to all others it may possess, at any time, for credit reasons or because of Buyers default or defaults, to withhold shipments, in whole or in part, or to recall goods in transit and Buyer consents that all the merchandise so recalled shall become Sellers absolute property. The foregoing shall not be construed as limiting, in any manner, any of the rights or remedies available to Seller. 9.Seller Makes No Representations. Buyer acknowledges that Seller specifically does not guarantee any income or profits from the use of the products, and does not agree to re -purchase the products for any reason whatsoever. Seller represents that there is no charge for any marketing, training program, or trademark license granted in connection with this sale. 10.Buyer's Representations. Buyer represents to Seller that Buyer is not relying on Seller's expertise nor on any representations or guarantees of any kind In order to utilize the products and/or services sold hereunder to begin or continue any business activity 11. Force Majeure.. Sellers performance will be excused by the occurrence of conditions beyond its reasonable control, such as fires, explosions, floods, riots, labor disputes, shortages, accidents, acts of God, regulations, laws, or other events or circumstances that prevent or delay the Sellers performance. 12.Controlling Provisions. These terms and conditions shall supersede any provisions, terms or conditions contained on any confirmation order, or other writing Buyer may give or receive, and the rights of the parties shall be governed exclusively by the provisions. terms and conditions of this order. Seller makes no representations or warranties concerning this order except such as are expressly contained in this order, and this order may not be changed or modified orally. 13.Purchase Order. If Buyer's order forth is used for the purpose of this transaction, it is expressly understood and agreed that the terms and conditions set forth In this Agreement shall prevail insofar as the same may in any way conflict with the terms and conditions set forth in such order form 14.Choice of Law. The parties agree that these terms and conditions shall be governed by the Commonwealth of Massachusetts and any court of record In Massachusetts shall have jurisdiction in regard to any proceedings arising under these terms and conditions. Exhibit A Z o-Q- EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 7/2/2021 CSC SERVICEWORKS SUPERLAUNDRY BALTIMORE, MD 21275 - 105367 PO BOX 76528 City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Gear Washers Fire Department 10701 N. College Ave. Ste. A Carmel, IN 46280- 375839 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 57568 1120Department:102Fund:Ambulance Capital Fund 44-670.99Account: Delivery andInstall1 $1,600.00 $1,600.00Each Freight1 $390.00 $390.00Each High Mark 3" Fitting Kit for Washer HookUp4 $25.00 $100.00EachUNISEAL3 Highmark ABS 12'x18"x4' drain trough w/lint screen 2" outlet1 $720.00 $720.00EachTR10012X18X4 Unimac 65# Washer Unilinc Optispray No Disp No Heat/prep stream 2 $12,308.18 $24,616.36EachUWT065D40LX05 0EA00 27,426.36SubTotal 27,426.36 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 105367 ORDERED BY TITLE CONTROLLER Fire Department 2 Civic Square Carmel, IN 46032- Denise Snyder Accreditation/Budget Administrator CzKpoPcfsmboefsbu23;13qn-Kvm24-3132 Order FormOrder ID: Q-01239971 Contact your representative alisha.reeves@thomsonreuters.com with any questions. Thank you Sold To AccountAddress Shipping Address Billing Address Account#:1000359094Account#:1000359094 Account #: 1000359094 CARMEL LAW DEPTCARMEL LAW DEPT CARMEL LAW DEPT 1 CIVIC SQ1 CIVIC SQ 1CIVIC SQ CARMELIN 46032-2584 USCARMEL IN 46032-2584 US CARMEL, IN 46032-2584 US This Order Form is alegal document between West Publishing Corporation and Customer ubscriber, below. ProFlex Products See Attachment for details Minimum TermsMaterial #ProductMonthly Charges Months) 40757482West Proflex$523.0036 Minimum Terms rthe number of days remaining in that month, ifany. Your subscription will continue for the number of months listed in the Minimum Term column above counting from the first day of the month following the Effective Date. Your Monthly Charges during the first twelve (12) months of the Minimum Term are as set forth above. If your Minimum Term is longer than 12 months, then your Monthly Charges for each year of the Minimum Term are displayed in the Attachment to the Order Form. You are also responsible for all Excluded Charges as defined below. PostMinimum Terms Atthe end of theMinimum Term, your Monthly Charges will increase by 7%. Thereafter, the Monthly Charges will increase 7% every 12 months unless we notify you of adifferent rate at least 90 days before the annual increase. You are also responsible for all Excluded Charges. Excluded Charges may change after at least 30 days written or online notice. Either of us may cancel the Post Minimum Term subscription by sending at least 60 days written notice. Send your notice of cancellation to Customer Service, 610 Opperman Drive, P.O. Box 64833, Eagan, MN 55123- 1803. Federal Government Subscribers Optional Minimum Term.Federal government subscribers that chose amulti-year Minimum Term, those additional months will be implemented at your option pursuant to federal law. Banded Product Subscriptions. You certify your total number of attorneys (partners, shareholders, associates, contract or staff attorneys, of counsel, and the like), corporate users, personnel or full-time-equivalent students is indicated in thisOrder Form. Our pricing for banded products is made inreliance upon your certification. If we learn that the actual number is greater or increases at any time, we reserve the right toincrease your charges as applicable. Miscellaneous Thomson Reuters General Terms and Conditions, apply to all products ordered including ebooks, and is located at https://static.legalsolutions.thomsonreuters.com/static/ThomsonReuters-General-Terms-Conditions.pdf. In the event that there is aconflict of terms between the General Terms and Conditions and this Order Form, the terms of this Order Form control. This Order Form issubject to our approval. 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Modification of Excluded Charges orSchedule A rates isnot abasis for termination under paragraph 10 of the General Terms and Conditions. http://static.legalsolutions.thomsonreuters.com/static/agreement/plan-2-pro-govt-agencies.pdf Page 1 of3 eBilling Contact. All invoices for this account will be emailed to your e-Billing Contact(s) unless you have notified us that you would like tobe exempt from e-Billing. Credit Verification. If you are applying for credit as an individual, we may request a consumer credit report to determine your creditworthiness. If we obtain aconsumer credit report, you may request the name, address and telephone number of the agency that supplied the credit report. If you are applying for credit on behalf of a business, we may request acurrent business financial statement from you to consider your request. Returns and Refunds. You may return a print product to us within 45 days of the original shipment date ifyou are not completely satisfied. 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Campus Research Contract Express Hosted Practice Solutions ProView eBooks Time and Billing West km Software West LegalEdcenter Westlaw Westlaw Doc & Form Builder Westlaw Paralegal Westlaw Patron Access Westlaw Public Records Additional Order Form Terms and Conditions Government Non Availability of Funds for Online, Practice Solutions orSoftware Products You may cancel aproduct or service with atleast 60days written notice ifyou do not receive sufficient appropriation of funds. Your notice must include anofficial document,(e.g., executive order, an officially printed budget or other official government communication) certifying the non- availability of funds. You will be invoiced for all charges incurred up to the effective date of the cancellation. Acknowledgement: Order ID: Q-01239971 si1\\ \\ti1\\ Signature of Authorized Representative for order Title Printed Name Date 2021 West, aThomson Reuters business. All rights reserved. This Order Form will expire and will not be accepted after 9/6/2021. Page 2 of 3 Attachment Order ID: Q-01239971 Contact your representative alisha.reeves@thomsonreuters.com with any questions. Thank you. Payment, Shipping, and Contact Information Payment Method: Order Confirmation Contact (#28) Payment Method: Bill to Account Contact Name: Oberlander, Jon Account Number: 1000359094 Email: joberlander@carmel.in.gov Shipping Information: eBilling Contact Shipping Method: Ground Shipping - U.S. Only Contact Name Jon Oberlander Email joberlander@carmel.in.gov ProFlex Multiple Location Details Account Number Account Name Account Address Action 1CIVIC SQ 1000359094 CARMEL LAW DEPT CARMEL New IN 46032-2584 US ProFlex Product Details Quantity Unit Service Material # Description 1 Each 40757482 West Proflex 4 Attorneys 42077751 Gvt - National Primary Core Account Contacts Account Contact Account Contact Account Contact Account Contact First Name Last Name Email Address Customer Type Description Jon Oberlander joberlander@carmel.in.gov EML PSWD CONTACT Charges During Minimum Term Year 1 Year 2 Year 3 Year 4 Year 5Material % incr % incr % incr % incrProductNameMonthlyMonthlyMonthlyMonthly MonthlyYr1-2 Yr 2-3 Yr 3-4 Yr 4-5ChargesChargesChargesCharges Charges 40757482 West Proflex $523.00 5.00% $549.15 5.00% $576.61 N/A N/A N/A N/A Charges During Minimum Term Pricing is displayed only for the years included in the Minimum Term. Years without pricing in above grid are not included in the Minimum Term. Refer to your Order Form for the Post Minimum Term pricing. Page 3 of 3 Approved and Adopted this day of , 20 . CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: CzKpoPcfsmboefsbu2;56qn-Kvm24-3132 Fyijcju B Fyijcju B Fyijcju B Fyijcju B CzKpoPcfsmboefsbu:;32bn-Kvm25-3132 Calumet Civil Contractors, Inc. Engineering Department - 2021 Appropriation #2200 202 43-509.00, 2200 203 43-509.00, 2200 211 43-509.00, 2200 0 44-628.71, 2200 44-628.71 COIT Bond Fund; P.O. #s105384, 105385, 105386 Contract Not To Exceed $5,439,000.00 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective Date”), and both parties shall thereafter perform their obligations hereunder in atimely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, alist of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is apart of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’sproperty. In the event any such lien isfiled and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’ssole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Calumet Civil Contractors Inc Goods and Services Revised.doc:7/13/2021 11:49 AM\] 2 Calumet Civil Contractors, Inc. Engineering Department - 2021 Appropriation #2200 202 43-509.00, 2200 203 43-509.00, 2200 211 43-509.00, 2200 0 44-628.71, 2200 44-628.71 COIT Bond Fund; P.O. #s105384, 105385, 105386 Contract Not To Exceed $5,439,000.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’sperformance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute awaiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit isfiled hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Calumet Civil Contractors Inc Goods and Services Revised.doc:7/13/2021 11:49 AM\] 3 Calumet Civil Contractors, Inc. Engineering Department - 2021 Appropriation #2200 202 43-509.00, 2200 203 43-509.00, 2200 211 43-509.00, 2200 0 44-628.71, 2200 44-628.71 COIT Bond Fund; P.O. #s105384, 105385, 105386 Contract Not To Exceed $5,439,000.00 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if itis in writing and isdelivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel One Civic Square Department of Law Carmel, Indiana 46032 One Civic Square Carmel, Indiana 46032 If to Vendor: Calumet Civil Contractors, Inc. 4898 Fieldstone Drive Whitestown, Indiana 46075 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to agreater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to agreater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Calumet Civil Contractors Inc Goods and Services Revised.doc:7/13/2021 11:49 AM\] 4 Calumet Civil Contractors, Inc. Engineering Department - 2021 Appropriation #2200 202 43-509.00, 2200 203 43-509.00, 2200 211 43-509.00, 2200 0 44-628.71, 2200 44-628.71 COIT Bond Fund; P.O. #s105384, 105385, 105386 Contract Not To Exceed $5,439,000.00 authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2021 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 27. IC 5-16-13. The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference. 28. DEBARMENT AND SUSPENSION 28.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has acritical influence on or substantive control over the operations of the Vendor. 28.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 29. IRAN CERTIFICATION. Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Calumet Civil Contractors Inc Goods and Services Revised.doc:7/13/2021 11:49 AM\] 5 FYIJCJU B 2PG: FYIJCJU B 3PG: FYIJCJU B 4PG: FYIJCJU B 5PG: FYIJCJU B 6PG: FYIJCJU B 7PG: FYIJCJU B 8PG: FYIJCJU B 9PG: FYIJCJU B PG: EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $1,000,000 each employee Bodily Injury by Accident/Disease: $1,000,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability: General Aggregate Limit (other than Products/Completed Operations): $6,000,000 Products/Completed Operations: $5,000,000 Personal & Advertising Injury Each Occurrence Limit: $5,000,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Injury and Property Damage: $5,000,000 each occurrence Umbrella Excess Liability If a commercial umbrella liability policy is used to satisfy the minimum limits of liability requirements, the combined limits must equal these minimum limits of liability. CzKpoPcfsmboefsbu:;33bn-Kvm25-3132 Carmel, IN ProjectDox Upgrade from 9.1 to 9.2 Proposal 2/4/2021 Prepared by your Avolve Software Representative Paul Gosselin Director of Sales 4835 East Cactus Road Suite 420 Scottsdale, AZ 85254 www.avolvesoftware.com Telephone: (651) 249-9344 Email: pgosselin@avolvesoftware.com FYIJCJU B 2PG6 ProjectDox Upgrade Executive Summary This Statement of Workwill focus on the upgrade of asingle production and test environment for ProjectDoxfrom version 9.1to 9.2 for your Building and Planning workflow. The upgrade will allow Carmel, IN to take advantage ofkey new features that will make the internal and external processes more efficient. Quote Delivered To Alexia Lopez Planning Administrator Carmel, IN One Civic Square alopez@carmel.in.gov (317) 571-2417 Carmel, IN 46032 Date of Quote: 2/11/2021 QuoteValid Until: 4/18/2021 High Level Scope of Work ProjectDox Upgrade from 9.1to9.2 (PS-225) Avolve will upgrade Carmel, IN production and Test environment software from ProjectDox 9.1 to ProjectDox 9.2. In addition, as part ofthe upgrade the below configurations will be discussed and conducted by the Avolve project manager aspart of the included services. These configuration updates will go into effect for workflows started post the upgrade and moving forward. Completion button standardization to “Submit” for all applicant facing steps of the workflow. Inclusion of step-by-step instruction on all applicant steps ofthe workflow Configuration for consolidation of the review comments into a single web page referred to as Review Comments Standardization of resolution statutes when using Checklist and Changemark Comments (Info Only, Resolved, Unresolved, Question) Display of a download icon on the Project’s tab allowing for easy access to download final approved plans Asummary ofthe scope is below: Technical Services for upgrade from ProjectDox Site reconfiguration for SQL Server 2016 Project Management Avolve Testing Customer Testing Training (TES-NF) Training isconducted remotely in a lecture/demonstration style broken into multiple sessions including a session for new features broken into features for end users and administrators for the project team, asession for the plan reviewers and asession for coordinators on the new system features and display of ProjectDox 9.2. Limitation of class size is a function of the webinar technology that Avolve Software leverages estimated at 100 users. A recording of the sessions will be available post completion for a period of 15 days via an Avolve internal site for the customer to review and can beextend a single time for an additional 30-day period upon request. Launch/Project Close Out Customer will be transitioned back to support post 5 business of the go-live date. FYIJCJUB Page 2 of5 Avolve Software Corporation | 4835 East Cactus Road | Suite 420 | Scottsdale, Arizona 85254 ProjectDox Upgrade Assurance Services The assurance services fund may beleveraged at any time during or post project completion to cover additional integration requirements, identified out ofscope requirements, training, and/or software not included in this statement or work. The funds intent isbe used to extend the post go-live/launch care to keep the project management team engaged toassist with change management and user adoption assistance. Assurance services hours are billed on an hourly basis at a rate of $225.00 an hour. The use of hours requires achange order or an assurance services agreement that defines the work and has signatures of agreement for use. ACCEPTANCE PROCESS There will beKey Deliverables, as identified in the Project Activities/Deliverable Payment Schedule, which will besubject to acceptance by the Customer ("Acceptance"). Upon completion of each Key Deliverable, Avolve will request from the Customer a written response within five (5) business days after receipt thereof. Notwithstanding the foregoing or anything to the contrary in the Purchase Agreement, all other Deliverables provided under this Statement of Work shall be deemed to have been accepted by the Customer upon delivery. IfCustomer does not approve, reasons for rejection must be clearly noted. Avolve will then work with the Customer to come to agreement on obtaining approval. The Customer shall be deemed to accept any such Key Deliverable which Customer does not accept or reject within such period. This acceptance will initiate the invoice of the applicable milestone. PROJECT ASSUMPTIONS ANDCAVEATS 1. Avolve will have full access to all Project team members from the customer as needed tocomplete the successful implementation and roll out of ProjectDox. This access may require the team members of the customer to dedicate specific time to specific detailed tasks within the Project Plan. Team member tasks will be more clearly defined during the kickoff and planning sessions and documented in the Project Plan. 2. Customer and its third parties and/or subcontractors will fulfill any hardware/software requirements, as identified to allow communication between Avolve Software and the Customer’s permitting system ina timely fashion in order to keep the Project Plan onschedule. 3. Customer and itsthird parties and/or subcontractors will fulfill the hardware and network requirements, as outlined inthe ProjectDox/OAS Implementation Guide (a standard end user document that accompanies each version of the Software) in a timely fashion in order tokeep the Project Plan on schedule. 4. This best approach package toimplementation relies on partnership with the jurisdiction to achieve desired go-live goals. To that end, a not to exceed 26hours have been allocated to services and training on this project. Should the customer cause orcontribute to the delay of any Deliverable, extend scope of schedule, a Change Request(s) may be issued for the incremental costs associated with delay or expansion. 5. Cancellation or reschedule requests within 48 hours of the upgrade date may result in a20% cancellation fee. The 20% fee will be calculated on the total services for the project minus any Assurance Services. 6. All parties will reasonably prioritize their efforts to meet the Project Plan schedule to achieve arapid roll out model. In doing so, it is understood by all parties that multiple tasks may be inprocess at one time and Avolve may have more than one Professional Services team member working on the project at one time. 7. Client will provide adequate Project management for their own resources, and/or third parties, tocollaborate with Avolve’s project manager. Client subject matter experts and applicable users will be accessible and available in atimely fashion and for adequate Page 3 of5 Avolve Software Corporation | 4835 East Cactus Road | Suite 420 | Scottsdale, Arizona 85254 FYIJCJUB ProjectDox Upgrade and reasonable durations. Avolve will make sure that scheduling ofinterviews and meetings are adequately in advance ofthese resource allocations. 8. Any optional items chosen inthe Purchase Agreement/Sales Order are not included here and would require a modification tothis Statement of Work. 9. Avolve and Customer agree to cooperate in good faith to complete the Services and Deliverables in a timely and efficient manner. 10. A list of decommissioned features and integration touch points associated to the upgrade to ProjectDox 9.2 isavailable for review upon request. Customer assumes responsibility for reviewing and notifying the appropriate internal and third-party persons about said changes. 11. Formatting, data and/or alterations to customized reports are not covered under this Statement ofWork unless explicitly identified inthe scope ofwork. 12. ProjectDox 9.2 includes a 90-day trial for the Avolve Training Video Subscription Service. The trial period will commence on the customer’sgo-live date and continue for a period of 90 calendar days. After 90 days, access to the subscription service will be turned off. The customer may purchase continued access to the annual subscription service for a fee. Contact your Avolve Project and/or Account Manager for details. PRICING PROFESSIONAL SERVICES ProductProductName Description Qty Unit Price Total PriceCode Upgrade Carmel IN to9.2includes: 16ProjectDoxUpgradePS-225 $225.00 $3,600.00ProjectManagementServices Remote Training of “What’s New” inUpgradeTrainingTES-NF 10 $225.00 $2,250.00ProjectDox Assurance Services for configuration changes for the workflow, notifications, and any additional changes or Assurance Services PS-AS modifications not included above. 5 $10,125.00 $5,062.50AssuranceServicesaretobeusedona Time and Material Basis after approval from customer. 10,912.50ProfessionalServicesTotal: 20% of Services shall be invoiced upon execution of Agreement. Payment for the remaining Grand amount is due net thirty days (30) from project completion. Payment via EFT. See notes for Total: 10,912.50details. Travel and Expenses are not included inthis total and will be invoiced as incurred. Page 4 of5 Avolve Software Corporation | 4835 East Cactus Road | Suite 420 | Scottsdale, Arizona 85254 FYIJCJUB ProjectDox Upgrade PROJECT ACTIVITIES /DELIVERABLES PAYMENT SCHEDULE This is a preliminary deliverable and payment schedule that is subject tochange based on discussions to occur post the kick-off of the project, provided that both the City and Avolve Software agree to the new terms in writing. MS#Deliverable Description Acceptance Criteria Payment Amount MSO Contract Execution 20% Services $720.00ContractSignature Delivered TestMS1 $1,440.00DeliveredFunctionalTestEnvironmentSignOffAcceptanceEnvironment MS2TrainingConduct New Features Training $2,250.00SignOffAcceptance Delivered and Functional ProductionMS3Launch/Go-Live $1,440.00SignOffAcceptanceSystemlaunchedintoproduction Per Signed MS4 Assurance Services $5,062.50Agreement/Change Order Total Services $10,912.50 CHANGE CONTROL PROCESS The “Change Control Process” is that process which shall govern changes to the scope of the Project during the life of the Project. The Change Control Process will apply to new components and to enhancements of existing components. The Change Control Process will commence at the start of the Project and will continue throughout the Project's duration. Additional procedures and responsibilities may beoutlined bythe Project Manager identified on the signature page to the Agreement and will be included in the Project Plan if mutually accepted. Under the Change Control Process, a written “Change Request” (attached) will bethe vehicle for communicating any desired changes to the Project. It will describe the proposed change; the reason for the change and the effect the change may have on the Project. The Project Manager of the requesting party will submit awritten Change Request to the Project Manager for the other parties. All parties must sign the approval portion of the Change Request to authorize the implementation of any change that affects the Project’s scope, schedule orprice. Furthermore, any such changes that affect the scope ofthis SOW, schedule orprice will require an amendment tothe SOW and/or any other part ofthe Purchase Agreement. STATEMENT OFWORKACCEPTANCE Once fully executed, this document will become the Statement of Work for the Project defined inthis document. Avolve and Customer’s signatures below authorizes Avolve to begin the services described above and indicates Customer’s agreement to pay the invoices associated with these services delivered as described. Page 5 of5 Avolve Software Corporation | 4835 East Cactus Road | Suite 420 | Scottsdale, Arizona 85254 FYIJCJUB 7/8/2021 AVOLVE SOFTWARE SUITE 420 SCOTTSDALE, AZ 85254 - 105379 4835 EAST CACTUS ROAD City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Upgrade to ProjectDox Dept of Community Service 1 Civic Square Carmel, IN 46032- 370234 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 57759 1192Department:101Fund:General Fund 43-515.02Account: ProjectDoxSoftware1 $10,912.50 $10,912.50Each 10,912.50SubTotal 10,912.50 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 105379 ORDERED BY TITLE CONTROLLER Dept of Community Service 1 Civic Square Carmel, IN 46032- Mike Hollibaugh Director AGREEMENT THIS AGREEMENT is dated this 7th day of July, 2021, by and between the City of Carmel Utilities Owner") and RTS Water Solutions, LLC ("Contractor"). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 —WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The. Work is generally described as follows: Water Meter Replacements — Unit Price Base Bid Phase I (Water & Sewer Customers) and Unit Price Base Bid Phase II (Meridian Corridor and West Side). Unit Price Add Alternate Bids for Phases I and II may be added to the Contract at the discretion of the Owner. ARTICLE 2 — ENGINEER 2.01 The Project has been designed by Wessler Engineering, Inc. (Engineer), which is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3 — CONTRACT TIMES 3.01 All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 Phase I: Water & Sewer Customers The Work will be substantially completed within 455 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 485 days after the date when the Contract Times commence to run. The Owner reserves the right to not have Contractor move forward with Phase II. Phase II: Meridian Corridor & West Side The Work will be substantially completed within 810 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 850 days after the date when the Contract Times commence to run. WATER METER REPLACEMENTS CITY OF CARMEL UTILITIES WESSLER PROJECT NO. 208718.04.001 AGREEMENT 00350-1 AO 3.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial and other losses if the Work is not completed within the times specified in Paragraph 3.02 above, plus any extensions thereof allowed in accordance with the Contract Documents. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay or error but not as a penalty), the Owner, in the form of a Change Order, may: Deduct from the monies due the Contractor $1,400.00 for each calendar day that expires after the time specified in Paragraph 3.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, the Owner, in the form of a Change Order, shall deduct from the monies due the Contractor $1,400.00 for each day that expires after the time specified in Paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 — CONTRACT PRICE 4.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: One Million, One Hundred Sixty-three Thousand, Two Hundred Twenty-two Dollars and Twenty-seven Cents ($1,163,222.27). For all Work, at the prices stated in Contractor's Bid. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and Engineer will determinate the actual quantities and classifications of Unit Price Work performed by the Contractor. ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer on a monthly basis during performance of the Work as provided in Paragraph 5.02.A.1 below. All such payments will be measured by the schedule of values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units WATER METER REPLACEMENTS CITY OF CARMEL UTILITIES WESSLER PROJECT NO. 208718.04.001 AGREEMENT 00350-2 completed) or, in the event there is no schedule of values, as provided elsewhere in the Contract Documents. 1. Contractor will be eligible for payment on a per -unit basis when the new meter data transfer is uploaded and received by the Owner. 2. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract Documents. 2. The Owner shall withhold five percent (5%) of the dollar value for all work for the project. At the Owner's discretion, the retainage to be withheld will be either ten percent (10%) of all work satisfactorily completed until the work is fifty percent (50%) completed, and nothing further after that, or five percent (5%) of all work satisfactorily completed. When the Work is substantially complete (operational or beneficial occupancy), the retained amount may be reduced below five percent (5%) to only that amount necessary to assure completion. On completion and acceptance on a part of the Work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to one hundred percent (100%) of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less two hundred percent (200%) of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 5.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph. ARTICLE 6 — CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. WATER METER REPLACEMENTS CITY OF CARMEL UTILITIES WESSLER PROJECT NO. 208718.04.001 I_Ce7:1q uL 11 00350-3 D. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. E. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. G. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 7 — CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of the following: 1. Contractor's Bid 3. Drug Testing Plan Certification 4. Agreement 5. E-Verify Affidavit 6. Performance Bond 7. Payment Bond 8. General Conditions WATER METER REPLACEMENTS CITY OF CARMEL UTILITIES WESSLER PROJECT NO. 208718.04.001 AGREEMENT t416B1.Yr1_! 9. Supplementary Conditions 10. Specifications as contained in Project Manual dated Mav 2021 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed b. Change Order(s). c. Certificate of Substantial Completion B. There are no Contract Documents other than those listed above in this Article 7. C. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 8 — MISCELLANEOUS 8.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 8.02 Assignment of Contract A. No assignment by a parry hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 Successors and Assigns A. Owner and Contractor each representatives to the other representatives in respect to all the Contract Documents. 8.04 Severability binds itself, its successors, assigns, and legal party hereto, its successors, assigns, and legal covenants, agreements, and obligations contained in A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. WATER METER REPLACEMENTS CITY OF CARMEL UTILITIES WESSLER PROJECT NO. 208718.04.001 AGREEMENT 8.05 Contractor's Certifications A. Contractor certifies that he has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice' means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 8.06 Contractor's Work Force A. Contractor must perform 100% of the total price of the contract in any combination of: 1) work performed by the Contractor's employees; 2) materials supplied by the Contractor; and 3) services supplied directly by the Contractor's employees. WATER METER REPLACEMENTS CITY OF CARMEL UTILITIES WESSLER PROJECT NO. 208718.04.001 AGREEMENT 00350-6 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate (3 copies). This Agreement will be effective on July 7, 2021 (which is the Effective Date of the Agreement). OWNER: City of Carmel Utilities CONTRACTOR: RTS Water Solutions, LLC By: By: r m V% C a t W e CI C/ Title: CORPORATE SEAL] Attest: Title: Address for giving notices: 30 West Main Street Carmel, IN 46032 WATER METER REPLACEMENTS CITY OF CARMEL UTILITIES WESSLER PROJECT NO. 208718.04.001 Title: ViG2 Crct:d2n4- CORPORATE SEAL] Attest SrrANWorj '(20SINsOrJ Title: P205rCS AS5lSTAk3T Address for giving notices: 9240 NW 631 Street. Unit 6 Parkville, MO 64152 License No.: Where applicable) If Contractor is a corporation or a partnership or a joint venture, attach evidence of authority to sign.) AGREEMENT 00350-7 Approved and Adopted this _ day of 20 CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: CzKpoPcfsmboefsbu4;34qn-Kvm25-3132 CzKpoPcfsmboefsbu4;6:qn-Kvm25-3132 MasterSales&ServicesAgreement CustomerInformationFacePage CanonSolutionsAmerica,Inc.(“CSA”) NB26662 OneCanonPark,Melville,NY11747 800)613-2228 CzKpoPcfsmboefsbu6;25qn-Kvm25-3132 Lbsfo!T!Svttfmm 7/9/2021Salesperson:__________________________OrderDate:_______________ Customer(“you”): Company: CARMEL CITY OF Address: 1CIVIC SQ City:County: DBSNFMIBNJMUPO State:Zip:Phone#: 57143IN 428/682/3583 Contact:Fax#: BNBOEB!CFOOFUU Email: bcfoofuuAdbsnfm/jo/hpw ApplicableTermsandConditionsCustomerOrganizationalInformation TERMSANDCONDITIONSAREAVAILABLEAT: FederalTaxIDNumber:_____________________ ESS.CSA.CANON.COM/CUSTOMERDOCUMENTS TheCSAcustomertermsandconditionslocatedatthe Organizationtype: State orLocal Governmentabovewebsite(“Terms”)formpartofthisAgreement.The Termsincludegeneralterms,andtermsforproductand servicepurchase,maintenance,supportandleasing pursuanttothetermsofRiderG);managedprint services;andquotes.TheTermsapplicabletoeachof AddressforNotices: yourtransactionswillbereferencedintheOrderSchedule. Attn: AMANDA BENNETTByyourinitialshereinandsignaturebelow,you Address: 1CIVICSQunderstandandacknowledgesuchTermsandagreeto complywiththoseapplicabletoeachOrderSchedule. Address2: City:State:Zip:INCARMEL46032 abennett@carmel.in.govEmail: CustomerInitialsCustomerInitials 7.13.21 BYYOURSIGNATUREBELOW,YOUAGREETOLEASE,PURSUANTTOTHETERMSOFRIDERG,ORPURCHASE,AS SPECIFIEDINTHISAGREEMENT,THEITEMSLISTEDINANYSCHEDULE,RIDERORADDENDA(ASAPPROVEDBYCSA)TO THISAGREEMENT.YOUACKNOWLEDGERECEIPTOFACOPYOFTHISAGREEMENT,ANDAGREETOABIDEBYALLOFTHE TERMSANDCONDITIONSOFTHISFACEPAGE,APPLICABLESCHEDULE(S),RIDER(S)ANDSUCHADDENDA,THEQUOTE, ANDTHEAPPLICABLETERMSANDCONDITIONSIDENTIFIEDABOVE,ALLOFWHICHISINCORPORATEDHEREINANDMADE PARTOFTHISAGREEMENT. Customer’sAuthorizedSignature_____________________________________________________________________________Customer’sAuthorizedSignature________________________________________________________________ PrintedName____________________________________Title_________________________________Date______________ TMT.711GBDFNbsdi3131SLS-600FACEMarch2020 9-5460323FixedPricePlan1INDeliveryDate: Karen SRussell07/09/21Pageof State:Zip:State:Zip: Date:Date: Date: 0OrderDate: Salesperson: abennett@carmel.in.govabennett@carmel.in.govHAMILTONExcessPerImageCharge(s) Email:Email:Email:Email: B&W: $0.005000 Color: $0.039000OtherTransactionDetailsCounty:County: No EquipmentMaintenanceInformationS1196646 AMANDA BENNETT RequiresImageWARERemote ShipTo&MaintenanceBillingInformation CFSApp#: Title:Title:Title: ExcessPerImageChargeinvoicedMonthly byCSANewFleetPlanMaintBasechargeinvoiced Monthly byCFSMaintenanceincludedforallEquipmentLeasePaymentshallbeinvoicedMonthlyPurchaseOption: FairMarket ValueTax Exempt (Certificate Attached) AMANDA BENNETTTransaction#: 2nd FLOOR1CIVICSQ No317.571.2472317.571.2472 CFS CARMEL Consumables: TonerOnlyConfig: A | 60224372MeterMethod: imageWare RemoteShipping:Address2:City:PrimaryCustomerContact:Phone#:MeterContact:Phone#:ITContact:Phone#:Billing:Address2:City:BillingContact:Phone#:Elevator:LoadingDock:#ofSteps:HrsofOperation:ForCSAUSEONLY: 36 0.00 InvoicedbyCFSInvoicedby IncludedIncludedIncludedIncludedIncludedIncludedIncluded ofLeasePayments FiscalFundingFiscal FundingB&W: 0 Color: 0 IncludedIncludedIncludedIncludedIncludedIncludedIncluded454.00 DueatSigningMonths0.00PaymentInformation 1111111QtyUnitPmtTotal ACCEPTANCECERTIFICATECoveredImagesIncludedinMaintBaseCharge0 36 PaymentSummary*(*PlusApplicableTaxes) ListedItemsLeaseTerm ALeaseSchedule("Schedule")-Itemized(SER-700) LeasePaymentTotalMaintenanceBaseCharge#ofPaymentsinAdvanceTotalDueatSigning ANDSHALLAPPLYTOTHEEXTENTNOTMODIFIEDBYTHEAGREEMENT.THISSCHEDULECONSTITUTESALEASEOFTHELISTEDITEMS,ANDISBINDINGONPrintedName:PrintedName:PrintedName: NB26662CARMELCITY OF 0.00 Customer: Agreement#: MaintBaseChargeSection428/682/3583 AdditionalRequirements: IBNJMUPO ListedItemsDescriptionCounty:Phone#:Fax#: 7.13.21 CustomerAccount: Inc.("CSA") 3131 57143 Nbsdi INNER FINISHER-L1INSTALL PAKDXC5870I/C5860i/C5850i/C5840iPre-Installed SuppliesInstalled inMachineIRADVDXC5840ICASSETTEFEEDINGUNIT-AQ1ESPNEXTGENPCSPOWERFILTER (120V/15A) XG-PCS-15DMIDVOLUME CONNECTIVITY 30+PPMUPTO79PPM Mfbtf DBSNFM!DJUZ!PG1CIVICSQBNBOEB!CFOOFUU Jufnj{feabennett@carmel.in.govJOCITYOFCARMEL, OFFICE OF CORPORATION COUNSELDBSNFM 3827C0021972V0642368V1203923V8434030C0024000C002IntSuppliesItemCodeCanonSolutionsAmerica,OneCanonPark,Melville,NY11747(800)-613-2228 OC: COUNTY OFDUPAGE CONTRACT FI-R-0251-18CoveredDevice - Rider A (OfficeEquip/CutSheet Production) BillingInformationCompany:DBA:Address:Address2:City:State:Zip:Contact:ForInternalPurposesOnly: Email:CustomerAuthorizedSignature:CustomerAuthorizedSignature:AuthorizedSignature:CFSAuthorizedSignature:SER-700ItemizedLeaseMarch2020THISSCHEDULEISENTEREDINTOPURSUANTTO,ANDINCORPORATESTHETERMSOF,THEMASTERSALESANDSERVICESAGREEMENTREFERENCEDASTHEAGREEMENT#ABOVE("AGREEMENT"),INCLUDINGTHEMASTERLEASETERMSSETFORTHASRIDERGTHERETOWHICHSHA LLCONTROL(THE“LEASETERMS”).TOTHEEXTENTTHETERMSOFANEXISTINGCFSMASTERAGREEMENTAREREFERENCEDONTHISSCHEDULE(THE“EXISTINGMASTERCFSLEASE”)ANDAREAPPLICABLETOTHISSCHEDULE,THEYSHALLCONTROLOVERTHEMASTERLEASETE RMSSETFORTHASRIDERGTOTHEAGREEMENTFORSOLONGASTHEEXISTINGMASTERCFSLEASEREMAINSINEFFECT.STANDARDTERMSANDCONDITIONSANDAPPLICABLERIDERSINCORPORATEDHEREINAREAVAILABLEATESS.CSA.CANON.COM/CUSTOMERDOCUMENTSCUSTOMERUPONSIGNINGBYCUSTOMER,ANDISBINDINGONCSAANDLESSORASPROVIDEDINTHELEASETERMS.THISSCHEDULEISNON-CANCELABLEBYCUSTOMER.CUSTOMERREPRESENTSTHATEXECUTIONOFTHISSCHEDULEHASBEENDULYAUTHORIZED.BYYOURSIGNATU RE,CUSTOMERAGREESTOLEASETHELISTEDITEMSAND,IFSELECTED,TOPURCHASETHEMAINTENANCESERVICESDESCRIBEDHEREIN.YOUACKNOWLEDGERECEIPTOFACOPYOFTHISSCHEDULE.To:CSAandLessor:Customercertifiesthat(a)theListedItemsr eferredtointheaboveSchedulehavebeenreceived,(b)installationhasbeencompleted,(c)theListedItemshavebeenexaminedbyCustomerandareingoodoperatingorderandconditionandare,inallrespects,satisfactorytotheCustomer,and( 3 9-5460322KarenSRussellINPageofDeliveryDate:DeliveryDate: Auto-Toner Fulfillment** State:Zip:State:Zip:State:Zip:State:Zip: abennett@carmel.in.govabennett@carmel.in.gov 0SeePage1Email:Email:Email:Email:Email:Email:Email:Email: HAMILTON07/09/21ExcessPerImageCharge(s)ExcessPerImageCharge(s) County:County:County:County: 317.571.2472317.571.2472 No OrderDate:Salesperson: Ph#:Ph#:Ph#:Ph#:Ph#:Ph#:Ph#:Ph#: RequiresimageWARERemote ShipTo&MaintenanceBillingInformationShipTo&MaintenanceBillingInformation 2nd FLOOR AMANDA BENNETT1CIVICSQNoAMANDABENNETT MA15551 CARMEL Consumables: TonerOnlyMeterMethod: imageWare RemoteConfig: B | 60224373Shipping:Address2:City:Contact:MtrContact:ITContact:Billing:Address2:City:Contact:Elevator:LoadingDock:#ofSteps:HrsofOperation:ForCSAUSEONLY:Shipping:Address2:City:Contact:MtrContact:ITContact:Billin g:Address2:City:Contact:Elevator:LoadingDock:#ofSteps:HrsofOperation: ForCSAUSEONLY: IncludedIncludedIncludedIncludedIncludedIncludedIncludedIncludedIncludedIncluded Agreement#: See Page 1IncludedIncludedIncludedIncludedIncludedIncludedIncludedIncludedIncluded Included1111111111QtyUnitPmtTotalQtyUnitPmtTotal CoveredImagesIncludedinMaintBaseChargeCoveredImagesIncludedinMaintBaseCharge B S11966467.13. 21 See Page 1 MaintBaseChargeSectionMaintBaseChargeSection CARMEL CITY OF ListedItemsDescriptionListedItemsDescription AdditionalEquipmentListto:___________________(SER-701) Customer: STAPLE FINISHER-AB1BUFFERPASS UNIT-P1SUPERG3FAXBOARD-AX1MIDVOLUME CONNECTIVITY 30+PPMUPTO79PPMINSTALLPAKDXC5870I/C5860i/C5850i/C5840i CASSETTE FEEDING UNIT-AQ1ESPNEXTGENPCS POWER FILTER (120V/15A) XG-PCS-15DPre-Installed Supplies InstalledinMachineIRADVDXC5860I2/3HOLE PUNCHER UNIT- A13923V8433999C0021972V0643825C0020126C0014030C0024003C0023998C0012368V120IntSuppliesItemCodeItemCodeCoveredDevice - Rider A (Office Equip/CutSheet Production) SER- 9-5460323FixedPricePlan3INDeliveryDate: Karen SRussell07/09/21Pageof State:Zip:State:Zip: Date:Date: Date: 0OrderDate: Salesperson: B&W: $0.012000 abennett@carmel.in.govabennett@carmel.in.govHAMILTONExcessPerImageCharge(s) Email:Email:Email:Email: OtherTransactionDetails County:County: No EquipmentMaintenanceInformationS1196646 AMANDA BENNETT RequiresImageWARERemote ShipTo&MaintenanceBillingInformation CFSApp#: Title:Title:Title: ExcessPerImageChargeinvoicedMonthly byCSAPerUnit CoveragePlanMaintBasechargeinvoicedMonthly byCFSMaintenanceincludedforallEquipmentLeasePaymentshallbeinvoicedMonthlyPurchaseOption: FairMarket ValueTax Exempt (Certificate Attached) AMANDA BENNETTTransaction#: 1CIVIC SQ No317.571.2472317.571.2472 CFS CARMEL Consumables: TonerOnlyConfig: C | 60224374MeterMethod: imageWare RemoteShipping:Address2:City:PrimaryCustomerContact:Phone#:MeterContact:Phone#:ITContact:Phone#:Billing:Address2:City:BillingContact:Phone#:Elevator:LoadingDock:#ofSteps:HrsofOperation:ForCSAUSEONLY: 36 0.00 InvoicedbyCFSInvoicedby IncludedIncludedIncludedIncluded B&W: 0ofLeasePayments Fiscal Funding IncludedIncludedIncludedIncludedSeePage1DueatSigningMonths0.00PaymentInformation 2222QtyUnitPmtTotal ACCEPTANCECERTIFICATECoveredImagesIncludedinMaintBaseCharge0 36 PaymentSummary*(*PlusApplicableTaxes) ListedItemsLeaseTerm CLeaseSchedule("Schedule")-Itemized(SER-700) LeasePaymentTotalMaintenanceBaseCharge#ofPaymentsinAdvanceTotalDueatSigning ANDSHALLAPPLYTOTHEEXTENTNOTMODIFIEDBYTHEAGREEMENT.THISSCHEDULECONSTITUTESALEASEOFTHELISTEDITEMS,ANDISBINDINGONPrintedName:PrintedName:PrintedName: NB26662CARMELCITY OF 0.00 7.13.21 Customer: Agreement#: MaintBaseChargeSection428/682/3583 AdditionalRequirements: IBNJMUPO ListedItemsDescriptionCounty:Phone#:Fax#: CustomerAccount: Inc.("CSA") 3131 57143 Nbsdi INSTALL PAK LBP/IMAGECLASS - INTANGIBLEICMF543DWPRINTERCONNECTIVITYPre-Installed Supplies InstalledinMachine Mfbtf DBSNFM!DJUZ!PG1CIVICSQBNBOEB!CFOOFUU Jufnj{feabennett@carmel.in.govJOCITYOFCARMEL, OFFICE OF CORPORATION COUNSELDBSNFM 3513C0022368V9913792V243IntSuppliesItemCodeCanonSolutionsAmerica,OneCanonPark,Melville,NY11747(800)-613-2228 OC: COUNTY OFDUPAGE CONTRACT FI-R-0251-18CoveredDevice - Rider A (OfficeEquip/CutSheet Production) BillingInformationCompany:DBA:Address:Address2:City:State:Zip:Contact:ForInternalPurposesOnly: Email:CustomerAuthorizedSignature:CustomerAuthorizedSignature:AuthorizedSignature:CFSAuthorizedSignature:SER-700ItemizedLeaseMarch2020THISSCHEDULEISENTEREDINTOPURSUANTTO,ANDINCORPORATESTHETERMSOF,THEMASTERSALESANDSERVICESAGREEMENTREFERENCEDASTHEAGREEMENT#ABOVE("AGREEMENT"),INCLUDINGTHEMASTERLEASETERMSSETFORTHASRIDERGTHERETOWHICHSHA LLCONTROL(THE“LEASETERMS”).TOTHEEXTENTTHETERMSOFANEXISTINGCFSMASTERAGREEMENTAREREFERENCEDONTHISSCHEDULE(THE“EXISTINGMASTERCFSLEASE”)ANDAREAPPLICABLETOTHISSCHEDULE,THEYSHALLCONTROLOVERTHEMASTERLEASETE RMSSETFORTHASRIDERGTOTHEAGREEMENTFORSOLONGASTHEEXISTINGMASTERCFSLEASEREMAINSINEFFECT.STANDARDTERMSANDCONDITIONSANDAPPLICABLERIDERSINCORPORATEDHEREINAREAVAILABLEATESS.CSA.CANON.COM/CUSTOMERDOCUMENTSCUSTOMERUPONSIGNINGBYCUSTOMER,ANDISBINDINGONCSAANDLESSORASPROVIDEDINTHELEASETERMS.THISSCHEDULEISNON-CANCELABLEBYCUSTOMER.CUSTOMERREPRESENTSTHATEXECUTIONOFTHISSCHEDULEHASBEENDULYAUTHORIZED.BYYOURSIGNATU RE,CUSTOMERAGREESTOLEASETHELISTEDITEMSAND,IFSELECTED,TOPURCHASETHEMAINTENANCESERVICESDESCRIBEDHEREIN.YOUACKNOWLEDGERECEIPTOFACOPYOFTHISSCHEDULE.To:CSAandLessor:Customercertifiesthat(a)theListedItemsr eferredtointheaboveSchedulehavebeenreceived,(b)installationhasbeencompleted,(c)theListedItemshavebeenexaminedbyCustomerandareingoodoperatingorderandconditionandare,inallrespects,satisfactorytotheCustomer,and( Agreement AddendumCANONFINANCIALSERVICES, INC. ( Remittance address: PERSONAL PROPERTY TAX14904CollectionsCenterDrive CFS-1123 (08/12) Chicago, Illinois 60693 800) 220-0200 www.cfs.canon.com Agreement S1196646Number: DJUZ!PG!DBSNFM-!PGGJDF!PG!DPSQPSBUJPO!DPVODJMCustomer: This Personal Property Tax Addendum ("Addendum") ismade apart of the above mentioned Agreement (whether designated alease, rental, Master Lease together with any Schedules thereto, or otherwise, the "Agreement"), by and between the above mentioned Customer ("Customer") and Canon Financial Services, Inc. ("CFS") pursuant to which Customer isor shall become the renter orlessee of certain Equipment (as defined inthe Agreement). Capitalized terms used herein but not defined will have the same meanings assigned to them in the Agreement. 1. Notwithstanding anything to the contrary contained inthe Agreement regarding taxes, fees, and other charges, inconsideration of CFS waiving Customer'sobligation to reimburse CFS for state and local personal property taxes on the Equipment, Customer agrees to pay CFS the increased monthly payment set forth in the Agreement. Customer remains responsible for allother taxes, fines or penalties relating to the Agreement or the Equipment. 2. This Addendum supplements and amends the Agreement only to the extent and in the manner set forth herein, and in allother respects the Agreement remains infull force and effect. Customer agrees that CFS may accept afacsimile orother electronically transmitted copies of this Addendum as an original, and that facsimile or other electronically transmitted copies of Customer's signature will be treated as an original for all purposes. AGREED AUTHORIZED CUSTOMER SIGNATURE DJUZ!PG!DBSNFM-!PGGJDF!PG!DPSQPSBUJPO!DPVODJMCanonFinancialServices, Inc. Customer: By: By:By: Joseph ViolettiPrintedName: Printed Name: SupervisorTitle: Title: 7/14/21Date: CFS-1123 (08/12) Approved and Adopted this day of , 20 . CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: - APPROVED /MAYOR 7-13-21 SUTTON 7-13-21 MYERS 7-12-21 - APPROVED /MAYOR 7-13-21 SUTTON 6-29-21 BICKEL 6-29-21 JS 7/14/21 BPW 7/21/21 REVIEWED VIA EMAIL - APPROVED CRED/MAYOR 7-13-21 CFD SUTTON 7-12-21 CPD MYERS 7-12-21 JS 7/14 BPW 7/21 Reviewed via email - APPROVED CRED/MAYOR 7/13/21 CFD Sutton 6/30/21 CPD Bickel 6/30/21 JS 7/14 BPW 7/21 Reviewed via email CRED/MAYOR ok 7-13-21 CFD Sutton 7-12-21 CPD Myers 7-12-21 & CARTER GREEN DRIVE STUDENT GROUPS: Black Student Union, Equality Club, Confront the Climate Crisis, Best Buddies, Gay Straight Alliance, Jewish Student Assn. CHURCHES: St. Christopher's, St. Peter's plus other non-profit organizations TBD i.e. Girls Inc, CCPL, IU Health, Coats for Kids, Be the Change Indy, Mayor's Human Rights Coalition, Hamilton Co Community Fdn REVIEWED VIA EMAIL - APPROVED CRED/MAYOR 7-13-21 CFD SUTTON 6-30-21 CPD BICKEL 6-28-21 7-14 7-21 - APPROVED /MAYOR 7-13-21 SUTTON 7-13-21 MYERS 7-13-21 NA JS 7-14-21 BPW 7-21-21 REVIEWED VIA EMAIL - APPROVED CRED/MAYOR 7-13-21 CFD SUTTON 7-12-21 CPD MYERS 7-12-21 JS 7-14-21 BPW 7-21-21 REVIEWED VIA EMAIL - APPROVED CRED/MAYOR 7-13-21 CFD SUTTON 6-30-21 CPD BICKEL 6-30-21 CzKpoPcfsmboefsbu21;53bn-Kvm23-3132 TERMINATION OFCONSENTTOENCROACH CzKpoPcfsmboefsbu22;39bn-Kvm24-3132 WITNESSETH: WHEREAS, onApril15, 2015, DavidE. Shaver & ConnieJoShaver, 12828West Road, Zionsville, HamiltonCounty, Indiana 46077 (individuallyandcollectively, the “Owners”) enteredintoaConsentto Encroachagreement (the “Agreement”) withtheCityof Carmel, byandthroughitsBoardofPublicWorksandSafety (the “BPW”); and WHEREAS, the Agreementwasrecorded bytheHamiltonCountyRecorder onApril17, 2015as document # 2015017889; and WHEREAS, theAgreementallowedthe Ownerstoinstall, operateandmaintainatrafficcontroldeviceandancillary equipment, includingachangeablemessagesignthatdisplaystoapproachingdriversthespeedat whichtheyaretraveling, solarpower panel, buried electricalconduitand conductors, controller, vehiclespeedsensor, mountinghardware, andabreakawaypostformounting ontheRealEstate (the “Encroachment"); and WHEREAS, theOwnersarecurrentlyin theprocess ofsellingthe propertyassociatedwiththeEncroachment, 12828 West Road, Zionsville, HamiltonCounty, Indiana46077, andhaverequested inwriting thattheAgreementbe terminated. Acopyofthe Owners’ terminationrequestisattached heretoandincorporatedhereinasExhibit A; and WHEREAS, theOwnershaveremovedtheEnroachmentfromtheRightofWay. NOW, THEREFORE, theCarmelBoardofPublicWorks herebyacknowledgesandgrantstheOwners’ requesttoterminate theConsent toEncroachagreemententeredintoonApril 15, 2015andrecordedasdocument # 2015017889. TheOwner’sConsentto Encroachagreementisherebyterminated, effectiveimmediately. signaturepagefollows\] CITYOFCARMEL, INDIANA, BYANDTHROUGHITSBOARDOFPUBLIC WORKSANDSAFETY BY: __________________________________________ JamesBrainard, PresidingOfficer Date: _____________________________________ MaryAnnBurke, Member Date: _____________________________________ LoriWatson, Member Date: _____________________________________ ATTEST: SueWolfgang, Clerk Date: ____________________________________ Fyijcju B RESOLUTION NO. BPW 07-21-21-02 A RESOLUTION REQUESTING THE FINANCING, CONSTRUCTION, AND DEDICATION OF CERTAIN INFRASTRUCTURE OR OTHER IMPACT ZONE IMPROVEMENTS IN LIEU OF AND AS A CREDIT AGAINST THE PAYMENT OF PARKS AND RECREATION IMPACT FEES (“PRIF”) AND APPROVING A PRIF CREDIT AGREEMENT WHEREAS, Indiana Code 36-7-4-1335 permits the application of a credit against the payment of impact fees for persons who construct or provide certain infrastructure or other improvements of a type for which a unit imposes an impact fee in an impact zone; and, WHEREAS, City of Carmel Unified Development Ordinance §1.3(F) permits the City of Carmel Board of Public Works and Safety (“Board”) to request that any person otherwise required to pay PRIF to instead finance, construct, and dedicate certain infrastructure or improvements in the Parks and Recreation Infrastructure Impact Zone (“Impact Zone”) located in within Carmel, Indiana and over which the City of Carmel, Indiana (“City”) exercises planning and zoning jurisdiction; and, WHEREAS, City of Carmel Unified Development Ordinance §1.3(F) also permits the Board to determine the amount of PRIF credit any person requested to finance, construct, and dedicate certain infrastructure or improvements in the Impact Zone in lieu of PRIF payment shall receive, and to memorialize this determination in a credit agreement (“Credit Agreement”); and, WHEREAS, at its meeting on July 7, 2021 the Board passed Resolution BPW 07-07-21-02, which approved a PRIF credit for the Signature project in the amount $876,740.00; and, WHEREAS, the amount of the PRIF credit in Resolution BPW 07-07-21-02 was incorrect, due to a change in the number of units in the Signature’s project plan; and, WHEREAS, in order to ensure that the Signature project is issued the correct PRIF credit amount, it is necessary to repeal Resolution BPW 07-07-21-02 in its entirety and replace it with a corrected resolution and credit agreement; and WHEREAS, PRIF in the amount of $900,516.00 is due and owing by The Signature At Carmel LLC, an Indiana limited liability company, (“The Signature”) to the City by virtue of certain improvements identified on attached Exhibit A (the “Targeted PRIF”); and, WHEREAS, the Board now desires to request that The Signature, finance and construct those certain infrastructure and improvements set forth on attached Exhibit B, the same being incorporated herein by this reference, in exchange for a PRIF credit the Board has determined should be in the amount of exactly Two Hundred One Thousand Five Hundred Fifty-Two and Six Tenths Dollars ($201,552.60); and, WHEREAS, The Signature covenants that the infrastructure and improvements set forth in Exhibit B shall remain open to the public for their use and enjoyment in perpetuity; and, WHEREAS, The Signature shall maintain, repair and replace the infrastructure and improvements set forth in Exhibit B as necessary and to the satisfaction of the City, in perpetuity; and, WHEREAS, the Board also desires to request that The Signature finance future infrastructure or improvements that meet the requirements set forth in Indiana Code § 36-7-4-1335(a) in the amount of $698,963.40; and, WHEREAS, in exchange for the dedication and financing of infrastructure or improvements as set forth above, the Board has determined that The Signature shall receive a PRIF Credit in the amount of exactly Nine Hundred Thousand Five Hundred Sixteen Dollars ($900,516.00) toward the Targeted PRIF; and, WHEREAS, The Signature shall execute and return to the Board the Credit Agreement set forth on attached Exhibit C, the same being incorporated herein by this reference, prior to the issuance of the improvement location fee for that certain improvement identified on attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. Resolution BPW 07-07-21-02 is hereby repealed in its entirety. 3. The Board hereby requests that The Signature dedicate and finance infrastructure or improvements that meet the requirements set forth in Indiana Code § 36-7-4-1335(a) in exchange for a PRIF credit the Board has determined should be in the amount of exactly $900,516.00, pursuant to the terms and conditions set forth hereinabove. 4. The Board hereby approves the Credit Agreement in the form as set forth in attached Exhibit C. 5. Henry Mestetsky, on behalf of the City and the Board, is hereby authorized and directed to take such actions as are lawful, necessary, and proper to effectuate the transaction approved by this Resolution. Mr. Mestetsky shall deposit the funds received pursuant to this Resolution into City Fund #902. These funds shall be drawn upon to finance the construction of Parks and Recreation infrastructure or improvements that meet the requirements of Indiana Code § 36-7-4-1335(a). SO RESOLVED. Approved and adopted this ___ day of _____________ 2021. CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: __________________________________ James Brainard, Presiding Officer Date: _____________________________ __________________________________ Mary Ann Burke, Member Date: _____________________________ __________________________________ Lori S. Watson, Member Date: _____________________________ ATTEST: __________________________________ Sue Wolfgang, Clerk Date: _____________________________ EXHIBIT C PRIF CREDIT AGREEMENT COMES NOW The Signature At Carmel LLC, an Indiana limited liability company, (“The Signature”), by its undersigned, duly authorized agent, and states as follows: Pursuant to the terms set forth in BPW Resolution 07-21-21-__, The Signature hereby agrees to finance and construct those certain infrastructure items or public improvements set forth in attached Exhibit B, and to contribute $698,963.40 in order to finance the construction of future infrastructure items or public improvements that meet the requirements of Indiana Code 36-7-4-1335(a), in exchange for a Parks and Recreation Impact Fee (“PRIF”) credit not to exceed $900,516.00. After the improvements are completed and have been accepted by the Carmel Board of Public Works and Safety, any remaining unused PRIF shall be made available for use by the Carmel Department of Parks and Recreation, pursuant to the requirements of the City. SO AGREED this ____ day of _____________ 2021. The Signature At Carmel, LLC By: ____________________________________ Authorized Signature ____________________________________ Printed Name ____________________________________ Title Matthew Cremer member 13 July UPDNDNUPUPDNUPDNSLOPE SLOPESLOPEUPDNOpen to BelowDNA102SECOND FLOOR OVERALL BUILDING PLAN ARCHITECTCLIENTPROJECTDRAWING TITLESEALSHEETPROJECT INFO REVISIONS20010APRIL 02, 2021THE SIGNATURE CARMEL CARMEL, INCHECK SETNO T FOR C O N S T R U C T I O N ENGINEER GENERAL NOTES1.THE GENERAL CONTRACTOR SHALL VERIFY ALL CONDITIONS AT THEJOBSITE. NOTIFY ARCHITECT OF ANY DEVIATIONS FROM THOSECONDITIONS AS THEY ARE NOTED ON THE DRAWINGS.2.THE GENERAL CONTRACTOR SHALL COORDINATE AND SCHEDULE ALLWORK WITH THE OWNER.3.THE GENERAL CONTRACTOR IS RESPONSIBLE FOR COMPLIANCE WITHALL STATE AND LOCAL BUILDING CODES AND GOVERNMENTREGULATORY AGENCIES.4.THE GENERAL CONTRACTOR IS TO SUBMIT SHOP DRAWINGS-PROJECTDATA AND SAMPLES TO OWNER/ARCHITECT FOR APPROVAL PRIORTO FABRICATION OF ALL MILLWORK AND WALL FINISHES.5.DO NOT SCALE ANY DRAWING. ANY DIMENSIONS ARE TO BEOBTAINED FROM THE ARCHITECT IF NOT NOTED ON THE DRAWINGS.REFER ALL QUESTIONS TO THE ARCHITECT OR ENGINEER ONRECORD.6.ALL DIMENSIONS ARE TO C.L. OF DEMISING WALL OF UNITS AND FACEOF FRAMING.7.THE GENERAL CONTRACTOR SHALL KEEP ONE SET OF PLANS AT THEJOBSITE FOR THE SPECIFIC PURPOSE OF RECORDING ACTUALCONSTRUCTION CONDITIONS. SUCH PROJECT RECORD-DOCUMENTSSHALL BE PROVIDED TO THE OWNER UPON COMPLETION OF THEPROJECT.8.THE GENERAL CONTRACTOR SHALL VERIFY SIZE, LOCATION, ANDCHARACTERISTICS OF ALL WORKS AND EQUIPMENT SUPPLIED BY THEOWNER OR OTHERS WITH THE MANUFACTURER OR SUPPLIER PRIORTO THE START OF THE WORK.9.THE GENERAL CONTRACTOR SHALL SEE THAT ALL SUBCONTRACTORSRECEIVE COMPLETE WORKING DRAWINGS AND ASSUME FULLRESPONSIBILITY FOR COORDINATION OF WORK.10.PRIMARY ENTRANCE DOOR NUMBERS CORRESPOND TO ROOMNUMBERS OR UNIT NUMBERS.PLAN KEY NOTESUNIT TYPEAPT #UNIT SHEETUNIT TAGSAREA B AREA C AREA B AREA C AREA DAREA DAREA CAREA CAREA EAREA EAREA DAREA D73'-0"88'-512"438'-4"250'-11"70'-4" 109'-4"76'-512"37'-212"28'-0"65'-712"105'-912"110'-1" 50'-8"28'-9"128'-512" 93'-11" 43'-912"31'-4"23'-10"156'-9"333'-5"247'-8"123'-0"AREA B AREA AAREA BAREA AS1A12A3A1A1A1B12A1A1A1A1A1A1A1A1B4A12A1A1A1A1A1A1A1A1B1A1B1A4CONDOB13CONDOB13A12A3A11B3A1A1B1A8A6A2A2A2A2A2aA2aA2aA2aA12B3B1S3B3B4aB1A2A2A2A2A2B2B3B5B5A9A10S2A12A9A9A9A9A9A9A9SCALE:01OVERALL BUILDING PLANSECOND FLOOR 1/32" = 1'-0"NORTH02A20101A20104A20103A20147'-612"01/02A20702A204 UPDNUPDNUPDNUPDNDNUPA103ARCHITECTCLIENTPROJECTDRAWING TITLESEALSHEETPROJECT INFO REVISIONS20010APRIL 02, 2021THE SIGNATURE CARMEL CARMEL, INCHECK SETNO T FOR C O N S T R U C T I O N ENGINEER GENERAL NOTES1.THE GENERAL CONTRACTOR SHALL VERIFY ALL CONDITIONS AT THEJOBSITE. NOTIFY ARCHITECT OF ANY DEVIATIONS FROM THOSECONDITIONS AS THEY ARE NOTED ON THE DRAWINGS.2.THE GENERAL CONTRACTOR SHALL COORDINATE AND SCHEDULE ALLWORK WITH THE OWNER.3.THE GENERAL CONTRACTOR IS RESPONSIBLE FOR COMPLIANCE WITHALL STATE AND LOCAL BUILDING CODES AND GOVERNMENTREGULATORY AGENCIES.4.THE GENERAL CONTRACTOR IS TO SUBMIT SHOP DRAWINGS-PROJECTDATA AND SAMPLES TO OWNER/ARCHITECT FOR APPROVAL PRIORTO FABRICATION OF ALL MILLWORK AND WALL FINISHES.5.DO NOT SCALE ANY DRAWING. ANY DIMENSIONS ARE TO BEOBTAINED FROM THE ARCHITECT IF NOT NOTED ON THE DRAWINGS.REFER ALL QUESTIONS TO THE ARCHITECT OR ENGINEER ONRECORD.6.ALL DIMENSIONS ARE TO C.L. OF DEMISING WALL OF UNITS AND FACEOF FRAMING.7.THE GENERAL CONTRACTOR SHALL KEEP ONE SET OF PLANS AT THEJOBSITE FOR THE SPECIFIC PURPOSE OF RECORDING ACTUALCONSTRUCTION CONDITIONS. SUCH PROJECT RECORD-DOCUMENTSSHALL BE PROVIDED TO THE OWNER UPON COMPLETION OF THEPROJECT.8.THE GENERAL CONTRACTOR SHALL VERIFY SIZE, LOCATION, ANDCHARACTERISTICS OF ALL WORKS AND EQUIPMENT SUPPLIED BY THEOWNER OR OTHERS WITH THE MANUFACTURER OR SUPPLIER PRIORTO THE START OF THE WORK.9.THE GENERAL CONTRACTOR SHALL SEE THAT ALL SUBCONTRACTORSRECEIVE COMPLETE WORKING DRAWINGS AND ASSUME FULLRESPONSIBILITY FOR COORDINATION OF WORK.10.PRIMARY ENTRANCE DOOR NUMBERS CORRESPOND TO ROOMNUMBERS OR UNIT NUMBERS.PLAN KEY NOTESUNIT TYPEAPT #UNIT SHEETUNIT TAGSAREA B AREA C AREA B AREA C AREA DAREA DAREA CAREA CAREA EAREA EAREA DAREA D73'-0"88'-512"438'-4"250'-11"70'-4" 109'-412"76'-5"37'-212"28'-0"65'-712"105'-912"110'-1" 50'-8"28'-9"128'-512" 93'-11" 43'-912"31'-4"41'-5"156'-9"333'-5"247'-8"123'-0"AREA B AREA AAREA BAREA AS1A12A3A1A1A1B12A1A1A1A1A1A1A1A1B4A12A1A1A1A1A1A1A1A1B1A1B1A4CONDOB13CONDOB13A12A3A11B3A1A1B1A8A6A2A2A2A2A2aA2aA2aA2aA12B3B1S3B3B4aB1B6A2A2A2A2B7B3B5B5A9B1B1S2A12A10A9A9A9A9A9A9A9THIRD FLOOR OVERALL BUILDING PLAN17'-7"47'-612"02A20101A20104A20103A20101/02A20702A204SCALE:01OVERALL BUILDING PLANTHIRD FLOOR 1/32" = 1'-0"NORTH DNDNUPDNUPDNDNA104ARCHITECTCLIENTPROJECTDRAWING TITLESEALSHEETPROJECT INFO REVISIONS20010APRIL 02, 2021THE SIGNATURE CARMEL CARMEL, INCHECK SETNO T FOR C O N S T R U C T I O N ENGINEER GENERAL NOTES1.THE GENERAL CONTRACTOR SHALL VERIFY ALL CONDITIONS AT THEJOBSITE. NOTIFY ARCHITECT OF ANY DEVIATIONS FROM THOSECONDITIONS AS THEY ARE NOTED ON THE DRAWINGS.2.THE GENERAL CONTRACTOR SHALL COORDINATE AND SCHEDULE ALLWORK WITH THE OWNER.3.THE GENERAL CONTRACTOR IS RESPONSIBLE FOR COMPLIANCE WITHALL STATE AND LOCAL BUILDING CODES AND GOVERNMENTREGULATORY AGENCIES.4.THE GENERAL CONTRACTOR IS TO SUBMIT SHOP DRAWINGS-PROJECTDATA AND SAMPLES TO OWNER/ARCHITECT FOR APPROVAL PRIORTO FABRICATION OF ALL MILLWORK AND WALL FINISHES.5.DO NOT SCALE ANY DRAWING. ANY DIMENSIONS ARE TO BEOBTAINED FROM THE ARCHITECT IF NOT NOTED ON THE DRAWINGS.REFER ALL QUESTIONS TO THE ARCHITECT OR ENGINEER ONRECORD.6.ALL DIMENSIONS ARE TO C.L. OF DEMISING WALL OF UNITS AND FACEOF FRAMING.7.THE GENERAL CONTRACTOR SHALL KEEP ONE SET OF PLANS AT THEJOBSITE FOR THE SPECIFIC PURPOSE OF RECORDING ACTUALCONSTRUCTION CONDITIONS. SUCH PROJECT RECORD-DOCUMENTSSHALL BE PROVIDED TO THE OWNER UPON COMPLETION OF THEPROJECT.8.THE GENERAL CONTRACTOR SHALL VERIFY SIZE, LOCATION, ANDCHARACTERISTICS OF ALL WORKS AND EQUIPMENT SUPPLIED BY THEOWNER OR OTHERS WITH THE MANUFACTURER OR SUPPLIER PRIORTO THE START OF THE WORK.9.THE GENERAL CONTRACTOR SHALL SEE THAT ALL SUBCONTRACTORSRECEIVE COMPLETE WORKING DRAWINGS AND ASSUME FULLRESPONSIBILITY FOR COORDINATION OF WORK.10.PRIMARY ENTRANCE DOOR NUMBERS CORRESPOND TO ROOMNUMBERS OR UNIT NUMBERS.PLAN KEY NOTESUNIT TYPEAPT #UNIT SHEETUNIT TAGSAREA B AREA C AREA B AREA C AREA DAREA DAREA CAREA CAREA EAREA EAREA DAREA D73'-0"88'-512"438'-4"250'-11"70'-4" 109'-412"76'-5"37'-212"28'-0"65'-712"105'-912"110'-1" 50'-8"28'-9"128'-512" 93'-11" 43'-912"31'-4"41'-5"156'-9"333'-5"247'-8"123'-0"AREA B AREA AAREA BAREA AS1A12A3A1A1A1B12A1A1A1A1A1A1A1A1B4A12A1A1A1A1A1A1A1A1B1A1B1A4CONDOB13CONDOB13A12A3A11B3A1A1B1A8A6A2A2A2A2A2aA2aA2aA2aA12B3B1S3B3B4aB1B6A2A2A2A2B7B3A9B5B5A10B1B1S2A9A9A9A9A9A9A9A12FOURTH FLOOR OVERALL BUILDING PLAN17'-7"47'-612"02A20101A20104A20103A20101/02A20702A204SCALE:01OVERALL BUILDING PLANFOURTH FLOOR 1/32" = 1'-0"NORTH DNDNA105ARCHITECTCLIENTPROJECTDRAWING TITLESEALSHEETPROJECT INFO REVISIONS20010APRIL 02, 2021THE SIGNATURE CARMEL CARMEL, INCHECK SETNOT FOR CONSTRUCTIONENGINEER GENERAL NOTES1.THE GENERAL CONTRACTOR SHALL VERIFY ALL CONDITIONS AT THEJOBSITE. NOTIFY ARCHITECT OF ANY DEVIATIONS FROM THOSECONDITIONS AS THEY ARE NOTED ON THE DRAWINGS.2.THE GENERAL CONTRACTOR SHALL COORDINATE AND SCHEDULE ALLWORK WITH THE OWNER.3.THE GENERAL CONTRACTOR IS RESPONSIBLE FOR COMPLIANCE WITHALL STATE AND LOCAL BUILDING CODES AND GOVERNMENTREGULATORY AGENCIES.4.THE GENERAL CONTRACTOR IS TO SUBMIT SHOP DRAWINGS-PROJECTDATA AND SAMPLES TO OWNER/ARCHITECT FOR APPROVAL PRIORTO FABRICATION OF ALL MILLWORK AND WALL FINISHES.5.DO NOT SCALE ANY DRAWING. ANY DIMENSIONS ARE TO BEOBTAINED FROM THE ARCHITECT IF NOT NOTED ON THE DRAWINGS.REFER ALL QUESTIONS TO THE ARCHITECT OR ENGINEER ONRECORD.6.ALL DIMENSIONS ARE TO C.L. OF DEMISING WALL OF UNITS AND FACEOF FRAMING.7.THE GENERAL CONTRACTOR SHALL KEEP ONE SET OF PLANS AT THEJOBSITE FOR THE SPECIFIC PURPOSE OF RECORDING ACTUALCONSTRUCTION CONDITIONS. SUCH PROJECT RECORD-DOCUMENTSSHALL BE PROVIDED TO THE OWNER UPON COMPLETION OF THEPROJECT.8.THE GENERAL CONTRACTOR SHALL VERIFY SIZE, LOCATION, ANDCHARACTERISTICS OF ALL WORKS AND EQUIPMENT SUPPLIED BY THEOWNER OR OTHERS WITH THE MANUFACTURER OR SUPPLIER PRIORTO THE START OF THE WORK.9.THE GENERAL CONTRACTOR SHALL SEE THAT ALL SUBCONTRACTORSRECEIVE COMPLETE WORKING DRAWINGS AND ASSUME FULLRESPONSIBILITY FOR COORDINATION OF WORK.10.PRIMARY ENTRANCE DOOR NUMBERS CORRESPOND TO ROOMNUMBERS OR UNIT NUMBERS.PLAN KEY NOTESUNIT TYPEAPT #UNIT SHEETUNIT TAGSFIFTH FLOOR OVERALL BUILDING PLAN AREA B AREA C AREA B AREA C AREA DAREA DAREA CAREA CAREA EAREA EAREA DAREA D88'-512"329'-512"37'-212"28'-0"50'-8"28'-9"128'-512"214'-012"247'-8"123'-0"AREA B AREA AAREA BAREA AB10A6A6B4A12A6A6A6B1aA5B3A6A6B1aB11A2A2A2A2B8A12B3B9A12112'-1012"02A20101A20104A20103A20101/02A20702A204SCALE:01OVERALL BUILDING PLANFIFTH FLOOR 1/32" = 1'-0"NORTHA6A6A6A6A6A6A6B8 July 13, 2021 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: TRAFFIC RESTRICTIONS – VERIZON WIRELESS– VARIOUS LOCATIONS Dear Board Members: Verizon Wireless is requesting approval for lane and walk restrictions to facilitate installation of new poles in various locations. The poles are small cell support structures that have been previously reviewed by the Engineering Dept. and approved by the Board. The Department of Engineering recommends that the Board approve the request conditioned upon the following requirements: • The project’s contractor shall comply with the provisions of Carmel City Code 6 -227(a)(1), 6-227(a)(8) and 6-227(b). • Lane restriction signage will remain in place during the duration of the project repair. • Traffic shall be maintained during the working period. A minimum 10’ lane shall be provided at all times within the work area. • The Department of Engineering shall be provided a minimum 48-hour notification of lane restriction prior to commencement of work. • The petitioner agrees to work with the Department of Engineering on the establishment of a detour route for any walkway closures. Signage identifying the sidewalk/pathway closure and detour route shall be posted prior to the closure and a sign, measuring at least 18” x 12”, shall be posted on e ach side of the closure reading “SIDEWALK CLOSED”. • Any damage to the existing improvements within the right of way shall be restored to the satisfaction of the City when work is completed Sincerely, Jeremy Kashman, P.E. City Engineer July 13, 2021 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: NEW CURB CUT REQUEST, CURB CUT VACATION– THE SIGNATURE Dear Board Members: William Butz, Jr. with Kimley-Horn is requesting vacation of existing curb cuts and approval of new curb cuts for the proposed mixed-use development called The Signature located at the northeast corner of Main St. and Old Meridian (exhibits attached). 5 existing entrances will be abandoned and replaced with 2 new entrances. In addition, a waiver is requested from the City standard 30’ radius requirement for commercial entrances. Due to the intersecting angle of the entrance with Old Meridian street, meeting this requirement is not feasible. The Department of Engineering recommends that the Board approve the requested curb cut and curb cut vacations contingent upon satisfaction of the following requirements: • In constructing the entrance, the petitioner’s contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227(a)(8) and 6-227(b). • The portion of the proposed entrance within the right of way is constructed of concrete pursuant to Carmel City Code 6-227(h)(6). • Apron within right of way shall not exceed maximum width indicated on City Standard Details and shall be constructed of concrete. No portion of the proposed drive aprons within the City right of way shall encroach past the extension of the property line to the center of the street. • Public streets and alleys shall be kept clean of dirt and debris at all times. • The portion of the existing drive within the right of way is to be abandoned in accordance with Carmel City Code 6-227(h)(10). • Petitioner understands that approval is granted for the items described above only. All other items of work shown on the attached exhibits are subject to review and approval by the Department of Engineering and other Departments of the City as a part of a separate p rocess. • The petitioner acknowledges that the vacation of the existing curb cut terminates the approval and use of the curb cut immediately upon the demolition of the existing curb cut or construction of the new curb cut, whichever occurs first. • Any damage to improvements within the public right-of-way connected with the construction of the project shall be restored to comply with all city codes and standards to the satisfaction of the City when work is complete. Sincerely, Jeremy Kashman, P.E. City Engineer kimley-horn.com 250 East 96th Street, Suite 580, Indianapolis, IN 46240 317 218 9560 July 10, 2021 Carmel Board of Public Works City Hall One Civic Square Carmel, IN 46032 RE: The Signature – Curb Cut Request Members of the Board, On behalf of our Client, we respectfully request your approval of our proposed curb cuts on Old Meridian Street and on Main Street for the proposed project. The project proposes to redevelop the existing shoe store and the abandoned veterinary clinic into a mixed-use retail and multi-family project with an on-site parking garage. The existing properties have three curb cuts along Old Meridian Street and two curb cuts along Main Street. The project proposes only one curb cut on Old Meridian and one curb cut on Main Street. These proposed curb cuts are located outside the operational zone of the round-a-bout and will provide access for customers, residents, and emergency vehicles. In addition, the proposed project will dedicate a portion of the right of way needed for the future road connection along the north and east sides of the site as shown on the City of Carmel Throughfare plan. If you have any questions, please do not hesitate to contact me at (317) 218-9561 or bill.butz@kimley- horn.com. Sincerely, William A. Butz, Jr., P.E. Project Manager OLD MERIDIAN STMAIN STC2.0GENERAL DEMOLITION NOTESDEMOLITION NOTESxxxxDEMOLITION NOTESDEMOLITION LEGENDEXISTINGCONDITIONS &DEMO PLANNORTHBENCHMARKSWELL ABANDONMENTSWPPP NOTEBOARD OF PUBLIC WORKS NOTEFIRE DEPARTMENT NOTES GASGASFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBOLD MERIDIAN STOLD MERIDIAN STMAIN STMAIN STLOADING ZONESITE SUMMARYKEY NOTESSITE NOTESPAVING & CURB LEGENDC3.0OVERALL SITEPLANNORTHBENCHMARKSBOARD OF PUBLIC WORKS NOTE July 13, 2021 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: LANE RESTRICTIONS, PATH CLOSURE, OPEN PAVEMENT CUT- MAIN & GUILFORD Dear Board Members: JDH, Inc. is requesting approval for lane restrictions, walk closures and pavement cuts to facilitate relocation of aerial utility lines for Windstream Communications. The relocated facilities will be bored underground, requiring open pavement cuts and related traffic restrictions to spot existing utility crossings. Work is expected to begin upon board approval and last 2 workdays. The Department of Engineering recommends that the Board approve the requested lane restriction , street closure and open pavement cut conditioned upon the following requirements: • The project’s contractor shall comply with the provisions of Carmel City Code 6 -227(a)(1), 6-227(a)(8) and 6-227(b). • Any damage to the existing improvements within the City of Carmel right of way shall be restored to the satisfaction of the City when work is completed. • The petitioner agrees to work with the Department of Engineering on the establishment of a detour route prior to the closure of a street or path. Signage identifying the closure and detour route shall be placed prior to closures and must be maintained for the duration of the work period. • Petitioner agrees to post proper road & sidewalk closure signage during the duration of the work. Signage for the sidewalk closure, measuring at least 12” x 18”, stating “SIDEWALK CLOSED” shall be placed prior to closure of the sidewalk. • Emergency access to adjoining properties of the work site shall remain in place at all times. Notification to adjoining property owners shall be made 48 hours prior to commencement of work activities. • Pavement cuts for utility spotting shall be core drilled and reset with the existing core plug utilizing the “Utilibond Solution” as provided by Utilicor Technologies, Inc., or equivalent. • Any open pavement cuts remaining open during overnight non-working hours shall be covered with a steel plate, anchored, and secured in place. • Construction in dedicated City Right-of-Way shall be restored in compliance with all City codes and standards. Sincerely, Jeremy Kashman, P.E. City Engineer July 13, 2021 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: 10585 HUSSEY LANE- STORMWATER TECHNICAL STANDARDS WAIVER Dear Board Members: Dave Hatcher with Homes by Design, on behalf of the property owner, is requesting waivers from the Stormwater Technical Standards Manual in association with a new residence proposed at 10585 Hussey Lane (exhibits attached). The request will allow the basement finished floor and adjacent patio to be constructed below the minimum flood protection grade. The Department of Engineering, understanding the petitioner acknowledges they will not hold the City of Carmel liable for any flooding resulting from the proposed design, has determined that the waiver requested is valid. Sincerely, Jeremy Kashman, P.E. City Engineer 6/28/21 Caleb Warner Engineering Administrator City of Carmel Engineering Dept. Re: Stormwater Standards Waiver We are asking for a stormwater standards waiver for the walkout patio for 10585 Hussey Lane, Carmel, IN 46032. Due to wanting to keep the walkout & the original design of the house, the lower patio will be lower than the pool deck and below the proposed MFPG. It is understood by Homes By Design and the homeowner that the City of Carmel will not be held liable to any flooding issues created by this condition. Dave Hatcher General Manager (317) 228-0058 – office dave@hbdbuilder.com N.E. CornerW. 12 , N.E. 14Sec.10-Twp.17N.-R.07E.Mathematical Split Per Schneider Survey Inst. No. 200100042205FW(FIRM)FW(FIRM)FW(FIRM)FWF(FIRM)FWF(FIRM)FLOODWAY ZONE AEZONE AEZONE AEFLOODWAY ZONE AEFLOODWAY ZONE AEZONE AEZONE AE20.0'20' Permanent Sanitary Sewer EasementInst. #200400021278Hamilton County Recorder's Office20.0'20.0'20.0'20' Permanent Gas Line EasementInst. #2015047304 EasementsHamilton County Recorder's Office20.0'20' Apparent Right of WayPermanent Right of WayPer Plat Book #306, Pg. #611Hamilton County Recorder's Office20.0'20' Permanent Sanitary Sewer EasementInst. #200400021278Hamilton County Recorder's OfficeRight of Way - Parcel #3AInst. #200500039742Hamilton County Recorder's OfficeRight of Way - Parcel #3Inst. #200500039742Hamilton County Recorder's OfficeRight of Way - Parcel # 320.0'N.E. Corner, N.E. 14Sec.10-Twp.17N.-R.07E.833.08834.14833.85831.90832.96833.94834.73834.88833.87839.35839.06836.99836.03835.95836.03836.51837.37837.54837.08836.39836.80837.32836.94836.59836.57835.21835.33834.72833.13834.53835.87837.06837.32837.40837.66836.94E.P.E.M.836.21835.52836.99837.61837.84836.70836.44834.97833.26834.68835.81837.17837.67837.24836.42836.97837.66835.71835.42836.78836.58836.58836.99837.60836.56836.78836.80836.84837.20837.50835.72834.37834.70836.09835.15832.37807.67810.34809.64809.56807.76808.64807.60810.16810.07807.73807.72807.41810.71810.65809.86807.64808.55808.63807.56807.92807.80835.07837.30836.47837.42835.85834.23831.26832.90833.72833.76831.55828.25809.47810.49811.96810.81809.12807.63808.79830.15831.57831.79P.W.P.E.P.E.P.P.W.P.P.W.P.P.W.P.x x x x x xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx839839839838837836835834833832831830829828827826825824823837 836837838 836835834837837835 836834833832831830829808809810 811813835808808 809810811815820825830809837 837836830825820815810 83783883984084184284384384384284284184083984284184083983883883883984084083983884184120' Permanent Gas Line EasementInst. #2015047304 EasementsHamilton County Recorder's Office837837836837837837837837837838839837837 837 836 835 834 833832831836835 837837836835837837837837837836406FW(FIRM)FW(FIRM)FWF(FIRM)ZONE AE836835808808 809810811815820825830837 837836 837838839840841842843843843842842841840839842841838837837837837837836835834836835837STORMSCALE: 1"=50' HOR. 1"=5' VERT.820830840820830840OUTLET CONTROL #406STA. 0+61TC=833.3061 L.F. 0.30%12" HDPE CLASS IIIUP INV.=829.30DOWN INV.=829.12EXISTING GRADESTRUCTURE TABLESTR.#400401402403404405406STR. TYPET.C.CASTINGTYPEDIAMETER IN DIR. IN INV. INDIAMETER OUT DIR. OUTINV. OUTPIPE TABLE401-400402-401402-403404-402405-404406-407NAME SIZE12"12"12"12"15"15"12"LENGTH153.1'211.4'88.6'210.9'45.1'61.0'SLOPE0.30%0.30%4.82%0.22%0.22%0.30%MATERIALHDPE835.0 1299CGDYARD INLET12836.212836.4842.6 1299CGSAREA INLET15837.115END SECTION15STANDARDOUTLET CONTROL832.14NESWE1299CGDYARD INLET1299CGDYARD INLET1299CGDYARD INLET407END SECTION1212W15830.95831.68831.58830.85837.75829.30830.28NE12833.48SWSW830.38NN830.181215 SNE839.13S12HDPEHDPEHDPEHDPEHDPES T O E P P E L W E R T HA L W A Y S O N7965 East 106th Street, Fishers, IN 46038-2505phone: 317.849.5935 fax: 317.849.5942  1" = 30 FT   1" = 50 FTStorm water will leave this site to the South to proposed Dry Basin and thenNortheast thru proposed storm sewer system discharging to Williams Creek.LEGENDTemporary "Coconut Fiber Mat" orBelow Grade " Drop Inlet Protection Basket"Temporary "Drop Inlet Protection Basket", "Sediment Control Devices"NO EARTH DISTURBING ACTIVITIES MAY TAKE PLACEWITHOUT AN APPROVED STORM WATER MANAGEMENTPERMIT.ALL ROOF DRAINS WILL TIE INTO THE STORM SYSTEMTO THE MAXIMUM EXTENT PRACTICAL S T O E P P E L W E R T HA L W A Y S O N7965 East 106th Street, Fishers, IN 46038-2505phone: 317.849.5935 fax: 317.849.5942 S T O E P P E L W E R T HA L W A Y S O N7965 East 106th Street, Fishers, IN 46038-2505phone: 317.849.5935 fax: 317.849.5942 STORM WATER POLLUTION & PREVENTION NOTES:(A) All storm water quality measures, including erosion and sediment control, necessary to complywith this rule must be implemented in accordance with the plan and sufficient to satisfy subsection(b).(B) Provisions for erosion and sediment control on individual building lots regulated under theoriginal permit of a project site owner must include the following requirements:(1) The individual lot operator, whether owning the property or acting as the agent of theproperty owner, shall be responsible for erosion and sediment control requirements associatedwith activities on individual lots. (2) Installation and maintenance of a stable construction site access.(3) Installation and maintenance of appropriate perimeter erosion and sediment controlmeasures prior to land disturbance.(4) Sediment discharge and tracking from each lot must be minimized throughout the landdisturbing activities on the lot until permanent stabilization has been achieved.(5) Clean-up of sediment must be redistributed or disposed of in a manner that is incompliance with all applicable statutes and rules.(6) Adjacent lots disturbed by and individual lot operator must be repaired and stabilized withtemporary or permanent surface stabilization. (7) For individual residential lots, final stabilization meeting the criteria in section 7(b)(20) or this rule will be achieved when the individual lot operator:(A) completes final stabilization; or(B) has installed appropriate erosion and sediment control measures for an individual lot prior tooccupation of the home by the homeowner and has informed the homeowner of the requirement for,and benefits of, final stabilization. 7(b)(20) Final stabilization of a project site is achieved when:(A) all land disturbing activities have been completed and a uniform (for example, evenly distributed, without large bare areas) perennial vegetative cover with a density of seventy percent (70%) has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed; and(B) construction projects on land used for agricultural purposes are returned to its preconstructionagricultural use or disturbed areas, not previously used for agricultural production, such as filterstrips and areas that are not being returned to their preconstruction agricultural use, meet the finalstabilization requirements in clause (A).TYPICAL FLAT/RECTANGULAR/ROLLED CURBINLET FILTERTYPICAL ROUNDINLET FILTER July 13, 2021 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: CARMEL HEALTH AND WELLNESS- STORMWATER TECHNICAL STANDARDS WAIVER Dear Board Members: Mr. Nicholas Justice, P.E. with CEC, Inc is requesting waivers from the Stormwater Technical Standards Manual in association with the Carmel Health and Wellness project proposed at northeast corner of Hancock Street and City Center (exhibits attached). The Department of Engineering, in review of the proposed conditions and design standards, has determined that the waivers requested are valid given the existing site constraints involved with the project. Sincerely, Jeremy Kashman, P.E. City Engineer EXISTING BUILDING19,960 SQ.FT.PROPOSED BUILDINGEXPANSIONF.F.E. = 843.09MFPG = 843.20MLAG = 843.079,840 SQ.FT.TOTAL PARKING = 127GRADING LEGEND:NORTHADDITIONAL CITY OF CARMEL NOTES:C3008AB3456712CDEFGH83456712ABCDEFGHDESCRIPTIONDATENOREVISION RECORD102/12/2021 PRICING SETDATE:DWG SCALE:DRAWN BY:CHECKED BY:APPROVED BY:PROJECT NO:SHEETOFDRAWING NO.:193-104FEB. 12, 202123GEA ARCHITECTSCARMEL HEALTH & WELLNESS COMPLEX820 CITY CENTER DRIVECARMEL, INDIANA530 E. Ohio Street · Suite G - Indianapolis, IN 46204317-655-7777 · 877-746-0749 www.cecinc.comP R O FESSIONAL ENGINEERINDIANAAARON C. HUR T PE10300058STATE OF-oNREGISTEREDBEBACH1"= 20'08GRADING PLANGENERAL GRADING NOTES:”204/14/2021 ADLS RESUBMITTAL June 17, 2021 Mr. Alex Jordan City of Carmel- Engineering Department One Civic Square Carmel, IN 46032 Dear Mr. Jordan: Subject: Carmel Health & Wellness: 55 4th Avenue SE Carmel, IN 46032 CEC Project 193-104 Civil & Environment Consultants, Inc., on the behalf of the Carmel Health & Wellness, respectfully request the following to be presented to the Board of Public Works for the 3.04 acre project located at 820 City Center Drive. 1. Request a waiver to Section 104.02 of the City of Carmel Stormwater Technical Standards Manual, which states, “Finished floor elevation or the lowest building entry elevation shall be no less than 6 inches above finished grade around the building.” The reason for the waiver is due to the existing building grade and existing topography on the east side of the property do not permit the proposed building elevation to meet the requirements for the Finish Floor Elevation (FFE) to be at least 6-inches above the adjacent building grade. The proposed grades surrounding the building have been lowered as much as reasonably possible to maintain positive drainage to the proposed storm sewer inlets and to allow for a flood routing path. We are confident that the proposed design will not be adversely impacted by this waiver. 2. Request a waiver to Section 104.02 of the City of Carmel Stormwater Technical Standards Manual, which states, “Minimum Flood Protection Grade of all structures fronting a poind or open ditch shall be no less than 1 feet above any adjacent 100-year local flood elevation for all windows, doors, pipe entrances, window wells, and any other structure member where floodwaters can enter a building. Lowest Adjacent Grade for residential, commercial, or industrial buildings outside a FEMA or IDNR designated floodplain shall have one feet of freeboard above the flooding source’s 100-year flood elevation under proposed conditions.” Alex Jordan CEC Project 193-104 Page 2 June 17, 2021 The reason for the waiver is due to the existing building grade and existing topography on the east side of the property do not permit the Minimum Flood Protection Grade (MFPG) to be at least 1-foot above the local flood elevation. The separation of the localized ponding elevation of 842.70 to the MFPG of 843.09 (0.39-feet) has been maximized as reasonably possible. A section of existing curb north side of the existing building is to be removed to improve the existing condition of the flood route which would stage to 843.11. We are confident that the proposed design will not be adversely impacted by this waiver. 3. Request a waiver to Section 302.09 of the City of Carmel Stormwater Technical Standards Manual, which states, “Paved parking lots may be designed to provide temporary detention storage of stormwater on all or a portion of their surfaces. Depths of storage shall be limited to a maximum depth of six (6) inches. Ponding should in general, be confined to those positions of the parking lots farthest from the area served.” The reason for the waiver is due to the existing pavement and storm sewer inlets on site. These areas are not being redeveloped as a part of the proposed project, the asphalt will only be milled and resurfaced. Improvements have been made upon the existing condition by removing a section of curb to lower the existing ponding depth from 842.14 to 841.78. With the submittal of this waiver request, we fully indemnify and hold harmless the City of Carmel from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to any damages or losses that may result from these ponding depths. 4. Request a waiver to Section 501.01 of the City of Carmel Stormwater Technical Standards Manual, which states, “There should be no less than 2.5 feet of cover along any part of the pipe from final pavement elevation or final ground surface elevation to the top of pipe.” The reason for the waiver is due to the elevations of the existing storm sewer pipe on site do not permit the proposed building elevation to meet the requirements for the cover over the pipe to be 2.5-feet. The proposed grades over the pipes have been raised as much as Alex Jordan CEC Project 193-104 Page 3 June 17, 2021 reasonably possible to maintain positive drainage away from the building. To mitigate having less than 2.5-feet of cover the pipe material specified has been changed to Class V Reinforced Concrete Pipe between structures E104-105 and structures 105-106. We are confident that the proposed design will not be adversely impacted by this waiver. At this time, we ask to be placed on the agenda for the next available Board of Public Works meeting. We appreciate your time and consideration of our request. Please call our office at (317) 655-777 if you have any questions. Sincerely, CIVIL & ENVIRONMENTAL CONSULTANTS, INC. Nicholas Justice, PE Project Manager July 13, 2021 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: THE SIGNATURE- STORMWATER TECHNICAL STANDARDS WAIVER Dear Board Members: Mr. William Butz, Jr., P.E. with Kimley Horn is requesting waivers from the Stormwater Technical Standards Manual in association with The Signature Development proposed at the northeast corner of Main St. and Old Meridian (exhibits attached). The Department of Engineering, in review of the proposed conditions and design standards, has determined that the waivers requested are valid given the existing site constraints involved with the project. Sincerely, Jeremy Kashman, P.E. City Engineer kimley-horn.com 250 East 96th Street, Suite 580, Indianapolis, IN 46240 317 218 9560 July 10, 2021 Carmel Board of Public Works City Hall One Civic Square Carmel, IN 46032 RE: The Signature – Flood Protection Grade Waiver Request Members of the Board, On behalf of our Client, we respectfully request a waiver of the minimum 12-inches above the road elevation flood protection grade. The reason for this request is that Old Meridian Street’s highest point in the block happens to be located at the northern portion of the building where the building is only a couple feet from the right of way. In the two situations where this situation exists, we have provided at least three inlets (only one required per inlet capacity calculations) and the space between the building and the curb does have the ability to flood route into the road, just not quite with the one-foot elevation required. If you have any questions, please do not hesitate to contact me at (317) 218-9561 or bill.butz@kimley- horn.com. Sincerely, William A. Butz, Jr., P.E. Project Manager OHEOHEOHEOHEOHEOHEWWGASGASFIBFIBFIBFIBFIBFIB FIB FIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWWWWWWWWFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBUGEUGEUGEUGETRSSDDDDDTRSDSSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSD SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSGASGASGASGASGASGASGASGASGASWWWFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWOLD MERIDIAN STOLD MERIDIAN STMAIN STMAIN STLOADING ZONEGRADING NOTESGRADING LEGENDC5.0OVERALLGRADING &DRAINAGE PLANNORTHMINIMUM FLOOD PROTECTION GRADE (MFPG)MINIMUM LOWEST ADJACENT GRADE (MLAG)DRAINAGE SUMMARYMINIMUM FINISH FLOOR ELEVATION (MFFE)BENCHMARKSUNDERGROUND DETENTIONROWS 8LENGTH OF ROW107'CHAMBER TYPE 6' Ø CMPSTONE INVERT 842.75CHAMBER INVERT 843.25TOP OF STONE850.10CHAMBER SPACING 3'SIDE STONE 24" July 13, 2021 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: MELANGE SUBDIVISION - SECONDARY PLAT Dear Board Members: Jon Sheidler with Woolpert has requested the secondary plat for Melange Subdivision be placed on the Board of Public Works and Safety agenda for approval and signatures. The plat has been reviewed and signed by the Department of Community Services and reviewed by the Department of Engineering with approval. Therefore, I recommend the Board approve and sign this plat. Sincerely, Jeremy Kashman, P.E. City Engineer ATTACHMENT: MYLAR PLAT